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Blog Posts in January, 2008

  • MSPB and EEO: Burdens of Proof

    In the course of your Merit Systems Protection Board (MSPB) or Equal Employment Opportunity (EEO) hearing, you should be told, by the Judge, of your “burdens of proof”. This phrase is a legal term of art. If you can understand your “burden of proof”, you will really have a good advantage. You can structure your case on arguing that you met your burden of proof, or that the Agency failed to meet ...
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  • MSPB and EEO: What is a "mixed case"?

    One of the most challenging aspects of Federal employee employment law is the concept of the “mixed case”. The rules and procedures governing a “mixed case” are so complicated that this post does not seek to explain the “ins and outs” of every situation that could arise in a mixed case. This post only seeks to explain generally what a mixed case is and how a mixed case should be handled. So let’s ...
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  • MSPB: Family Medical Leave Act (FMLA) leave.

    When are you entitled to take Family and Medical Leave Act (FMLA) leave? That answer depends in large part on the particular Agency you work for. Many Agencies have internal rules and procedures implementing FMLA – while they differ slightly from Agency to Agency, they can never be more strict than the requirements that appear below. Under the Family and Medical Leave Act of 1993 (FMLA), most ...
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  • Federal Employee EEOC: Discussion of the Burdens of Proof in a Federal Employee EEO complaint.

    In any EEO case, the Federal employee will be required to prove their claim of discrimination. Understanding what they must prove can often be difficult and confusing. Generally speaking, the Judge will follow the McDonnell-Douglas test in determining whether or not the claimant has met their burden of proof. This test is named for the famous US Supreme Court decision that laid out the test. ...
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