Category Archives: Discipline/Adverse Action
MSPB EXHUMES ITS “MANIFEST ABSURDITY” DOCTRINE How ironic that just a few short months after stripping federal employees of any right to challenge the substance or design of a furlough, suddenly the Board is concerned with absurdities. The case involved … Continue reading
Posted in Discipline/Adverse Action, MSPB
Tagged Chandler, Furlough, Manifest absurdity
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MSPB OVERTURNS PROMOTION DEMOTION What can an employee do when she is demoted because management says it improperly promoted her in violation of regulations? As if that is not bad enough, what can she do if aside from the demotion … Continue reading
MSPB MODIFIES DIRECTED REASSIGNMENT CASE LAW Not long ago we posted a story entitled, “Directed Reassignment Case Law Overhauleds ruling and the Board has made issued a clarification. OPM argued that the MSPB was wrong to state that an agency has … Continue reading
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
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
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
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
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
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