Category Archives: Discipline/Adverse Action
MARYLAND LAWYER SAVES BREASTFEEDING CBP OFFICER Socorro Thome was a trained and experienced Customs and Border Protection Officer (CBPO) in the tough port of El Paso, Texas when she became pregnant in November 2010. At that point, she began light … Continue reading
MSPB CHANGES “FALSIFICATION” PROOF ELEMENTS, BUT GROVELS TO AGENCIES In a recent case, DHS tried to fire an employee for misrepresentation, which MSPB considers to be the same as falsifying, lying or defrauding. The employee, on detail to a different … Continue reading
ARE THESE ADVERSE ACTION SUSPENSIONS LEGIT OR NOT? Look over these facts to figure out how you would represent these two employees. Then we will tell you the official outcome of the case. The Department of Justice suspended two attorneys … Continue reading
TEST YOUR ADVERSE ACTION DEFENSE KNOWLEDGE The MSPB has held that an agency is obligated to impose similar adverse action penalties on similarly situated employees. But that does not mean comparison between any two employees works Here are the facts … Continue reading
A NOVEL REMOVAL SETTLEMENT OPTION FEDSMILL.com exists to spread good ideas among union leaders throughout government no matter who thought of it. The more each of us knows, the more powerful we are. We ran across a real good one … Continue reading
WHY BARGAIN OVER (& GRIEVE) AGENCY REGULATIONS? MSPB wheeled out a great example why in a decision this week reversing an employee’s removal due to the withdrawal of his security clearance. After finding that the agency complied with all statutory … Continue reading
NLRB ORDERS MAKE WHOLE REMEDY FOR WEINGARTEN VIOLATION, BUT WILL FLRA? What’s the remedy when an employee is terminated for refusing to participate in a disciplinary investigation of his/her behavior, despite the fact that the employer refused to give the employee … Continue reading
WHEN IS A MAXIFLEX EMPLOYEE TARDY? MSPB just overturned the removal of an employee on a Maxiflex schedule. The agency thought the employee had been tardy when he failed to report to work at an early enough time to fulfill … Continue reading
FURLOUGH MYSTERY SOLVED! “IT IS ALL ABOUT MSPB’s NEEDS” Why did the MSPB give employees virtually no right to challenge adverse actions furloughs, leaving them vulnerable to thinly veiled disciplinary suspensions without the due process, political jockeying, and slush fund … Continue reading
MSPB RECOGNIZE OGE DEFENSE TO DISCIPLINARY ACTIONS The Federal Deposit Insurance Corporation (FDIC) terminated a manager for “defalcation of obligations.” The Board ordered the employee reinstated with back pay because FDIC ignored what we are going to call the “OGE … Continue reading