Tag Archives: Similarly situated
THE EEOC “SIMILARLY SITUATED” TRAP There is a truck full to EEOC case law rejecting an employee claims that they were treated differently than co-workers because the co-workers were not “similarly situated.” That is a different way of saying that … Continue reading
MSPB CHANGES SIXTH DOUGLAS FACTOR’S MEANING If a union rep cannot undermine the agency’s evidence that the employee committed the alleged disciplinary infraction, then s/he uses the “Douglas Factors” to argue that even though guilty the employee’s penalty should be … Continue reading
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
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
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
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
SIMILARLY SITUATED CONCEPT EXPANDED AGAIN Not long ago FEDSMILL.com posted a piece entitled, “Who Are the Similarly Situated.” We noted that at least one circuit court did not require that the employees in the compared cases have the same supervisor, … Continue reading