askthelawyer.federaltimes.comAsk The Lawyer — By Debra Roth

Management Acquisition IT & Networks Cyber Federal Oversight GovCon Your Career Thought Leadership Trending Federal Circuit Reverses MSPB on Inadequate Penalty Analysis OSC Updates Social Media Guidance Employees under investigation can be comparators Review your SF-50s for accuracy No quorum at the MSPB: What it means for you Contesting performance appraisals Performing above your grade level Resolving workplace disputes Probationary Periods: Use it or lose it What to know about furlough appeals Navigate Federal Circuit Reverses MSPB on Inadequate Penalty Analysis 0 By Shaw Bransford & Roth on April 18, 2018 Disputes , Termination In a recent decision of the U.S. Court of Appeals for the Federal Circuit, the court of appeals reversed an MSPB’s Douglas factor analysis that upheld the removal of a Navy Engineer. Although the court of appeals decision is designated non-precedential, take heed. Read More OSC Updates Social Media Guidance 0 By Shaw Bransford & Roth on March 12, 2018 Employment , Ethics ON FEB. 13, 2018, the Office of Special Counsel released updated guidance to help federal employees understand what the Hatch Act does and does not allow when using social media.” The new guidance maintained that all federal employees may use social media if they comply with three (or in limited cases four) prohibitions. First, employees may not engage in politicalactivity while on duty or in the federal workplace.”Second, employees may not knowingly solicit,accept, or receive a political contribution for a political party, candidate in a partisan race, or partisan political group.” Third, employees may not use their official authority or influence to affect the outcome of an election.” A fourth prohibition applies to employees… Read More Employees under investigation can be comparators 0 By on August 28, 2017 Disputes The U.S. Court of Appeals for the Federal Circuit recently overturned an arbitrator’s decision sustaining the removal of a Social Security Administration employee for violating time and attendance policies. The court found that the arbitrator erred by imposing a categorical rule of exclusion” against using similarly situated employees under investigation as comparators when arguing that a penalty is not reasonable. Although this case regards an arbitrator’s decision, the rule of law applies to nonbargaining unit disciplinary and adverse actions. Read More Review your SF-50s for accuracy 0 By on May 25, 2017 Termination If you have been issued a disciplinary or adverse action, that means you received a suspension from duty of one to 14 days, a suspension of 15 days or more, or a demotion or termination. Admittedly, there are not many federal workers who have received a suspension, demotion or removal action. But I think it’s worth offering some advice regarding how the disciplinary or adverse action is noted in your official personnel file, or OPF. Suspensions, demotions and removals are affected by the issuance of an SF-50, which is to be placed into your OPF. Most federal workers now have… Read More No quorum at the MSPB: What it means for you 0 By on March 24, 2017 Disputes You may have missed the February announcement from the Merit Systems Protection Board that it lacks a quorum. That means the board is unable to issue decisions by board members, so decisions of its administrative judges are not reviewable by the board until a quorum is restored. The MSPB is currently without two of its three board members after the resignation of then-Chairman Susan Grundmann on Jan. 7 and the earlier resignation and lack of replacement for the previous vice chairman, whose term expired in March 2015. Shortly after his inauguration, President Trump designated Mark Robbins (who is still serving… Read More Contesting performance appraisals 0 By on December 5, 2016 Disputes Whether your rating period is tied to the fiscal or calendar year, you’ve just received or are about to receive your annual rating. That rating can be the basis for eligibility for an end-of-year bonus or a pay increase. It is also used when seeking a new position in the federal government. For these reasons, federal workers take the annual rating seriously. Here’s what to do if you disagree with your annual rating. Read More Performing above your grade level 0 By on November 21, 2016 Disputes , Employment , Oversight , Termination A recent decision issued by the U.S. Court of Appeals for the Federal Circuit, the federal appeals court that decides employee appeals from the Merit Systems Protection Board, made me think about a long-standing belief held by federal employees that it is illegal for their employer to require them to perform job duties above their grade level. It’s not per se illegal, although there are some processes by which a federal worker could be compensated at the higher grade level. Read More Resolving workplace disputes 0 By on October 10, 2016 Disputes Federal employees have a variety of ways to complain about the conditions of their workplace. The most common methods are: An equal employment opportunity (EEO) complaint. A hotline complaint with the Office of Inspector General. A grievance under a collective bargaining agreement. A grievance through the agency’s administrative grievance procedure. A complaint of a prohibited personnel practice with the Office of Special Counsel. With the exception of complaints filed with the OIG, the other processes have mechanisms for resolving the dispute without having to proceed all the way to a final adjudication. Those resolution methods involve mediation, facilitation or just… Read More Probationary Periods: Use it or lose it 0 By on July 15, 2016 Disputes , Employment , Termination I recently did a series of training courses to managers and supervisors in a fairly large federal agency with two strong unions. The courses are designed to educate these managers on the rules that govern the firing of problem employees. The point of the course is to educate managers and supervisors on what can be a complex set of rules governing performance and conduct proceedings so as to empower them to act, and eliminate the myths about how hard each process can or should be. What came up over and over again in each session covering about 100 managers and… Read More What to know about furlough appeals 0 By on June 20, 2016 Disputes , Furlough I often hear employees affected by an adverse personnel action repeat urban legend that this Merit Systems Protection Board will likely reverse or mitigate the agency’s action taken against him or her. There’s also a growing belief in Congress that the MSPB is too employee friendly and a reason why there is a workplace culture of employee entitlement that detracts from an agency’s mission. Recent statistics from the MSPB tell a different story. What does this mean for you, a federal employee with MSPB appeal rights? Know before you go, as most likely the board will affirm (and not mitigate)… Read More 1 2 3 … 70 Next About the Author Debra L. Roth is a partner at the law firm Shaw Bransford & Roth, a federal employment law firm in Washington, D.C. She is general counsel to the Senior Executives Association and the Federal Managers Association, host of the FEDtalk” program on Federal News Radio, and a regular contributor to Federal News Radio’s Federal Drive” morning show. Email your legal questions to lawyer@federaltimes.com . Search Ask the Lawyer Search for: SUBMIT A QUESTION First, please review previous Q&As to see if your question already has been answered. If you cannot find the answer, submit your question to our Law expert at lawyer@federaltimes.com Please notify us if you do not want your personal information disclosed. PLEASE NOTE! Do not submit ANY questions via the Comments form. Questions submitted via the Comments form will NOT be answered! 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