Can an Agency Constrain Official Time for EEO Complainants?

By Deborah J. Hopkins, April 17, 2023 A few years ago, a client asked me what to do in this scenario: The employee did not show up to work for two weeks and did not respond to her supervisor’s phone calls, text messages, or emails. On the day the employee returned to...

Is Three-strikes Progressive Discipline a Thing of the Past?

By Deborah J. Hopkins, March 15, 2023 A recent MSPB nonprecedential decision has me scratching my head, as the outcome appears to go against over 40 years of case precedent. I wrote about the facts of the case in a previous newsletter article, so if you’d like the...

Three Costly Lessons on Reasonable Accommodation

By Deborah J. Hopkins, March 6, 2023 There are always two sides to a reasonable accommodation (RA) case: the agency’s side and the complainant’s side. While a lot of our training programs at FELTG focus on avoiding agency liability, there’s another aspect to this...

Masks and Tests: Here Come the COVID Discipline Cases

By Deborah J. Hopkins, February 14, 2023 It took less than a year of a quorum at the MSPB before we got our first two cases involving agency discipline related to COVID-19 – consequently, both from the Air Force. In one case, the agency prevailed. In the other, the...

Is This a New Type of Tangible Employment Action?

By Deborah J. Hopkins, February 14, 2023 When we discuss tangible employment actions in our EEO classes, we usually focus on facts in existing case law: a supervisor takes a pay-related action (such as a suspension, or non-selections) against an employee because of...

Last Chance Agreement Violation With a Side of Fries

By Deborah J. Hopkins, January 30, 2023 A last chance agreement (LCA) is an alternative disciplinary option for an agency when an employee has engaged in misconduct that warrants a removal, but the agency gives the employee one final opportunity to keep her job....

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