Q. I was removed from my position for misconduct. Other employees who have committed the same misconduct received only temporary suspensions. Do I have a claim against the agency?
Aug 02, 2016
A. It might be possible to argue that your penalty is beyond the bounds of reasonableness based on an analysis of the Douglas factors.  The Douglas factors are a set of criteria an agency must consider in determining the appropriate penalty for employee misconduct.  The Douglas factors were born out of the landmark ruling of the Merit Systems Protection Board (MSPB) in Douglas v.
Q. Ever since my closest friend in the office blew the whistle, my supervisor has been coming down hard on me. Am I protected against retaliation for someone else's whistleblowing activity?
May 03, 2016
A. Federal employees would be far less inclined to blow the whistle if an agency could get away with retaliating against them by punishing someone close to them. That is why "[a]n individual who is the victim of reprisal because of protected disclosures made by a third party, e.g.
Q. How can cyber security violations endanger my job?
Apr 01, 2016
Q. How can cyber security violations endanger my job? With the finger pointing over the massive data breach at the Office of Personnel Management reaching frantic levels, it may only be a matter of time before federal agencies start hunting for employees who may have made them vulnerable to this or other cyber attacks.
Q. I've been placed on a performance improvement plan and told I will not be removed so long as I do not do certain things. Should I be concerned about this plan?
Apr 01, 2016
Q. I've been placed on a performance improvement plan and told I will not be removed so long as I do not do certain things. Should I be concerned about this plan?   A. Negative definitions in a performance plan or in a performance improvement period should raise red flags. Defining what something is not does not usually give you a strong sense of what it actually is.
Q. What are consequential damages and when are they awarded to federal employees?
Mar 07, 2016
Q. What are consequential damages and when are they awarded to federal employees?   A. Consequential damages are primarily awarded to whistleblower retaliation victims who filed an individual right of action (IRA) appeal or whose cases were prosecuted by the Office of Special Counsel (OSC).
Q. Union Seeks Mediation over Management Plan to Increase Surveillance of SEC Employees
Apr 01, 2016
the union requested assistance from a mediator at the Federal Mediation and Conciliation Service (FMCS) concerning the SEC’s plan to substantially increase surveillance of SEC employees. The SEC plans to activate “egress pads” at all Regional Offices which will require SEC employees to “card out” whenever they exit the building.
Q. Denied the Opportunity to respond to proposal to suspend.
Mar 07, 2016
Q. How do I know if my agency has denied me a meaningful opportunity to respond to its proposal to suspend me? A. The opportunity to respond to an agency's proposal for adverse action is "a fundamental due process requirement," the Merit Systems Protection Board concluded in Terry David Doe v. U.S. Postal Service (2013).
Q. Can an agency punish an employee for doing something not specifically prohibited by a written rule?
Feb 03, 2016
A. It is not necessary for agency policies to specifically prohibit a certain type of misconduct for an employee to be disciplined for engaging in it. For example, the U.S.
Q. What happens if I prove the agency is discriminating against me by not promoting me, but it can also show the selectee was more qualified than me?
Feb 03, 2016
Q. What happens if I prove the agency is discriminating against me by not promoting me, but it can also show the selectee was more qualified than me?   A. When an agency's action involves discriminatory and non-discriminatory motivations, the case is referred to as being based on a "mixed motive.
Q. I was arrested while off-duty a week ago. Do I have to report the arrest to my agency even though it was for a minor offense and nothing will come of it?
Apr 01, 2016
Q. I was arrested while off-duty a week ago. Do I have to report the arrest to my agency even though it was for a minor offense and nothing will come of it? A. Your self-reporting requirements will depend on your agency's regulations, but federal employees generally must inform their agency of an off-duty arrest and the failure to do so could increase your legal woes.


Page Last Updated: Aug 02, 2016 (03:34:00)
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  • AFGE Council 120

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