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MSPB: Can the appellant recover attorney fees?
MSPB: Can the appellant recover attorney fees?

An appellant before the MSPB can recover attorney fees. Many cases settle before getting to an MSPB hearing. In settlement agreements, it is common for the parties to agree on a sum that includes attorney fees, costs and expenses. When a case doesn’t settle and goes to ...

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Blog posts in March, 2007

  • MSPB: Credit Card Misuse Charges

    One very serious situation for Federal employees are allegations that the employee misused a government credit card. The scenario that commonly arises ...

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  • Federal Employees: Can management tell your co-workers you have a disability?

    Imagine this scenario – you have a disability, and your management chain has just agreed to provide you a modified work schedule or modified work ...

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  • Federal Circuit: USPS Breached Settlement Agreement with Former Employee

    A recent Federal Circuit decision held that the Agency breached a settlement agreement it made with its former employee. The former employee, a USPS ...

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  • MSPB and EEOC: Can the Agency make a Federal employee take leave indefinitely?

    If an Agency places an employee on indefinite enforced leave, the Merit Systems Protection Board (MSPB) may have jurisdiction to review this action. ...

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  • Deciding Official in MSPB removal case fails to consider Douglas factors.

    All too often in Chapter 75 removal cases, the Deciding Official glosses over the Douglas factors, placing inappropriate emphasis on certain factors. ...

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  • MSPB: What is the charge "Failure to follow instructions"?

    When an Agency charges an employee with failure to follow instructions, they are required to prove certain facts: An instruction or order was issued; ...

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  • MSPB: Who can appeal to the MSPB?

    Not every employee can appeal an adverse action to the MSPB. Here is a brief list of who can make an appeal to the MSPB: Competitive Service employees ...

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  • MSPB: What is "Harmful Error"?

    In MSPB Appeals, the Appellant (employee) can assert “harmful error” as a defense to an Agency adverse action. Harmful error can be a difficult ...

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  • MSPB: Burden of proof in performance actions.

    To establish the elements of a performance-based removal action, the Agency again has the Burden of Proof. That is, the Agency must prove the elements ...

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