Federal employees play an essential role in the operation of our government. Thanks to their dedication, all the government services we take for granted keep running effectively. And because of their essential duties, federal employees deserve protection from baseless allegations and false accusations. Unfortunately, many federal employees are facing charges of lack of candor. This charge can put their...
Continue ReadingIs it Legal For Me to Be Removed From My Job For Medical Reasons? Generally, the answer is yes. An agency may remove a FERS or CSRS civil service employee if he or she is unable, because of a medical condition, to perform the duties of the position. But, to sustain the removal at the MSPB, the Agency will...
Continue Reading“Conduct Unbecoming” is an umbrella term designed to encompass a wide range of behaviors that do not fall into any other agency charge. Unlike more specific charges, such as “Failure to Follow Instructions” or “Misuse of a Government Vehicle,” there are no specific elements for conduct unbecoming charges. Instead, the government needs to prove that the conduct occurred and...
Continue ReadingUnlike private sector employees, virtually all federal employees have the right to appeal adverse actions taken against them. If you want to appeal an adverse action – such as a removal/termination, demotion, suspension longer than 14 days denial of Within-Grade Increases (WIGI) – then you may need to file a Merit Systems Protection Board appeal (MSPB) to challenge the...
Continue ReadingWhat Is the U.S. Merit Systems Protection Board (MSPB)? Established in 1978 as part of the Civil Service Reform Act of 1978 (CSRA), the U.S. Merit Systems Protection Board (MSPB) is housed in the Executive branch of the government and is “an independent, quasi-judicial agency” and is considered the “guardian of Federal merit systems.” In this context, a merit...
Continue ReadingAs Dick Vitale might say, “The Board is Back, Baby!” After nearly five years in an unprecedented holding pattern, the Senate has (finally!) approved two nominees to the Merit Systems Protection Board (MSPB) – the quasi-judicial agency tasked with enforcing merit systems principles and federal employee protections against discrimination, whistleblower retaliation, workplace favoritism and other prohibited personnel actions. New...
Continue ReadingFederal employees are required to follow specific requirements as personnel of the U.S. government. When the government believes that an employee failed to follow their requirements as a federal employee, the government may issue a suspension, demotion, termination, retaliation, or other matters. If a federal employee feels that the government’s disciplinary actions are unfair or wrongful, they may file...
Continue ReadingShocking as it may seem, after months of waiting, President Trump has finally nominated a third and final member to the Merit Systems Protection Board. B. Chad Bungard has been named to be the Vice Chairman of the MSPB. If his nomination is approved, he will be appointed for a term that will expire March 1, 2025. According to...
Continue Reading