Tag: MSPB
Deciding an Adverse Action: The Process and the Proposal
Deciding whether to take an adverse action official is one of the more difficult tasks a Federal manager may perform. Much is on the table for the employee, the manager and the organization. The author’s goal in this series is to help decision-makers identify the decision points and provide context to the paper you’ll be seeing. This, the first in a three part series, addresses the overall process involved and a framework for analyzing the proposed action.
Claim for Overtime and Mileage Leads to Removal–Court Overturns MSPB
“We are at a loss to understand how an employee could be said to engage in misconduct by submitting an overtime claim based on an estimate so long as the estimate was reasonable.”
MSPB Regulations Revisions: A Couple of Issues Worth Watching
The Merit Systems Protection Board (MSPB) has issued a final rule revising its regulations. Here is a summary of the changes that will be of interest to many of your readers in the federal community.
Federal Circuit to MSPB: Take the Case
The Court of Appeals for the Federal Circuit has issued a precedential decision that overturns an MSPB ruling. The court found that an indefinite suspension issued as a result of criminal charges and the failure to restore a federal employee to duty following an acquittal were two different matters for appeal. The case was remanded back to the MSPB.
Welcome Back to The Civilian World: You’re Fired!
A Bureau of Prisons senior officer specialist was deployed to Iraq after his Marine Corps unit was activated. He was court-martialed for dereliction of duty and assault as a result of his interaction with Iraqi prisoners. After he returned to work, the agency removed him and the case went to court.
Cash Advances and Government Travel Card Lead to Suspension
The Board continues to be divided on the issue of government travel cards and disciplinary action. In a case involving allegations of misuse of a government travel, a majority concludes (with three written opinions) that some of the charges were not justified but that a suspension of the employee is appropriate.
Have You Failed to Pay Your Debts? It Could Cost You Your Federal Job
A federal employee who owed more than $50,000 was fired by the Army. One Board member did not think this was a serious problem under the circumstances and would give him another chance. Unfortunately for the employee, the other two members did not see the case in the same way.
Are Reference Checks Worth The Trouble?
Reference checking in federal agencies is often neglected, misunderstood or both. In this article, the author says that reference checks are worth your time and trouble to avoid hiring an employee you subsequently regret hiring.
MSPB Shows Clear Trend Supporting Agency Officials When They Get It Right
Third parties sometimes follow a new trend without specifically stating they are doing so. In several recent decisions, the Board seems to be giving agency deciding officials the benefit of the doubt when reviewing agency actions. Here is a quick summary.
Do You Provide Loyal, Professional Service to Your Agency?
How much leeway does a federal employee have in publicly disagreeing with agency policy decisions? An agency has the right to expect loyal, professional service from its employees even though a whistleblower is protected.
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