The civil service world is changing and it’s important to be aware of the new laws and executive orders that apply to you. MSPB Law Week covers the basics of disciplinary charges and penalties, plus understanding the law and strategy in handling performance cases and defending against whistleblower reprisal complaints. Join top MSPB practitioners and topic authors, and learn the law, strategies, and techniques from their many years of combined experience.
With the existing backlog of over 2,000 PFRs at MSPB right now, it’s more important than ever to handle your case correctly on the front end. While the specific details about the future of the Merit Systems Protection Board remain uncertain, FELTG’s instructors are staying on top of the situation and will provide attendees with all the information they need to know.
The program runs 8:30 – 4:00 each day and is pre-approved for 29 CLE credits in Virginia and California. It is also approved for 29 HRCI general recertification credits.
Adverse Actions: Statutory basis including the Civil Service Reform Act, the Department of Veterans Affairs Accountability and Whistleblower Protection Act, the five elements of every disciplinary case and the burdens of proof, the fundamentals of penalty selection and defense, obtaining testimony to protect the penalty selection should one or more charges fail, types of evidence necessary to support a penalty selection, the MSPB’s power to mitigate a penalty and recent trends in the Board’s use of that authority, educating uninformed arbitrators, using alternatives to discipline.
Charges: Types of charges, parts of a charge, how charges are interpreted, the role of the proposing and deciding officials, capitalizing on the general charge, allowing the inclusion of lesser-included offenses, charging in the alternative, attractive options to difficult charges and common charging mistakes, proving the difficult “intent” charge element, a step by step approach to charge drafting.
Penalties: MSPB and Federal Circuit lead cases in penalty determination, getting “intent” penalties off of “non-intent” charges, proving harsh penalties off of vanilla charges, charging down and proving up, how the maximum penalty is established, an update of recent Board and court decisions: what’s really new and what’s old wine in new bottles, placing the emphasis on notice, the Board’s lack of a quorum, penalty mitigation changes.
Unacceptable Performance: Performance actions in perspective, drafting a defensible performance standard, implementing PIP’s, defeating the PIP rollercoaster, accommodating disability-related poor performance, converting an unacceptable performance problem into a Part 752 disciplinary action, termination based on failing a performance quiz.
Defending Against Whistleblower Reprisal Claims and other Affirmative Defenses: Whistleblower claims: protected disclosures and whistleblower reprisal, claims of harmful error, reprisal for union activity, excessive penalty findings.
Most people attend the full training week, but you may opt out of any days you don’t plan to attend.
Early Bird Tuition (register by May 20):
- 5 days = $2370
- 4 days = $1960
- 3 days = $1550
- 2 days = $1140
- 1 day = $680
Standard Tuition (register May 21 – June 7):
- 5 days = $2470
- 4 days = $2060
- 3 days = $1650
- 2 days = $1240
- 1 day = $780
Seminar registration includes a copy of the textbook UnCivil Servant: Holding Employees Accountable for Performance and Conduct, 4th ed., by Wiley and Hopkins.
Cancellation and No-show Policy for Registered Participants: Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training using the “Pay Now” option will not be refunded or given credit toward future courses. No-shows will not be refunded or given credit toward future courses.