Category Archives: Discipline/Adverse Action

LIGHT DUTY DENIALS CAN BE CONSTRUCTIVE SUSPENSIONS What do you do if an employee’s doctor says she can only return to work if given light duty, the agency refuses to provide any, and as a result the employee takes large … Continue reading

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MSPB’S MR. MAGOO MOMENT While the Board’s core job is to make a decision based on the individual case facts before it, it is also expected to look a reasonable distance into the future when creating the precedents that will decide … Continue reading

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HAS MSPB GUTTED ADVERSE ACTION PROTECTIONS? It sure seems like that to us.  Imagine that you represent a group of ten GS-11 Claims Analysts, one GS-7 Claims Technician and one GS-5 Secretary. Then one day the group supervisor calls you … Continue reading

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MSPB SPLITS ON EMPLOYEE FURLOUGH RIGHTS Is a furlough of 22 work days or less an adverse action or an adverse action “lite”?  The three MSPB members just issued a split decision on that and it promises to be the … Continue reading

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WHAT WOULD YOU DO? Two employees walk into the union office and tell you that their new manager changed the rules for when employees get charged AWOL and disciplined.  In the past, employees could arrive as late as seven (7) … Continue reading

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RETIRE OR BE REMOVED! MAKE YOUR DECISION NOW. More than a few employees have faced that choice. Some managers have even issued the proposed removal letter, heard the reply, and shown the employee the signed decision letter to force them … Continue reading

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WHEN DO YOU OWN A PROMOTION? By “own” we mean when must management use full adverse action procedures against you to take a promotion away? MSPB has changed its mind on when in the last year, which makes this important … Continue reading

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TEST YOURSELF- FMLA, DISABILITIES, AND LIGHT DUTY An employee, Jessie Crutch, had a long-time reasonable accommodation of being allowed to rest his hip for a few minutes every few hours while working as a warehouse custodian.  As the injury got … Continue reading

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 WHEN AGENCIES LIE IN SETTLEMENT TALKS Here are the facts that MSPB recently faced.  Two employees got into a fight at the workplace and were fired. As their MSPB appeal hearings grew closer, the agency made settlement offers and one … Continue reading

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MSPB EXPANDS ACCUSED EMPLOYEE’S RIGHT TO INFORMATION A Homeland Security Agent was fired for falsifying an official form.  When he tried to defend himself by pointing out how supervisory employees who committed the same offense were not fired, DHS management … Continue reading

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