By Deborah J. Hopkins, July 18, 2023 It may be one of the most written-about topics in this newsletter, but we keep writing because we keep seeing cases where employees challenge letters of warning, caution, counseling, and the like, and agencies get tied up in...
By Deborah J. Hopkins, June 14, 2023 A new case from the EEOC on hostile work environment harassment illustrates the importance of an agency’s actions in not only avoiding liability, but also (and more importantly) in protecting the victim from continued unwelcome...
By Deborah J. Hopkins, June 14, 2023 We get a lot of questions about probationary periods. There can be confusion if employees switch agencies, are rehired after a break in service, or have veterans’ preference. The end date of an employee’s initial appointment...
By Deborah J. Hopkins, May 22, 2023 A recently issued non-precedential MSPB case caught my attention: an appeal involving a proposed removal that the Deciding Official (DO) mitigated to a demotion. In most cases, if a DO mitigates a proposed removal, it’s because the...
By Deborah J. Hopkins, May 16, 2023 As we work our way through all the cases coming out of MSPB’s backlog, some catch our attention more than others, including Lott v. Army, SF-0752-16-0490-I-1 (Apr. 10, 2023)(NP). In this decision, the material facts were not in...
By Deborah J. Hopkins, May 16, 2023 A new case from the EEOC reminds us it’s important to notify applicants about the EEO process. Lela B. v. DHS/USSS, EEOC Appeal No. 2023000348 (Apr. 20, 2023). The complainant applied for a Uniformed Division Officer position at the...
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