MSPB Law Week

Change happens in the world of Federal employee relations, and it often comes quickly. Those who succeed continuously sharpen their MSPB skills and refresh their knowledge. Those who don’t fall behind. FELTG’s MSPB Law Week provides an all-encompassing week of training that offers the most effective guidance and up-to-date information available.

Monday, Sept. 9: The Foundations of Accountability; Adverse Actions

Let’s start with the backbone (and statutory basis) of accountability – the Civil Service Reform Act and related statutes and regulations. We’ll discuss the five elements of every disciplinary case and the burdens of proof, the critical aspects of penalty selection and defense, and discipline procedures and appeals.

Tuesday, Sept. 10: Disciplinary Charges

We will continue to our discussion on due process and then jump into the types of charges, parts of a charge, and how charges are interpreted by the MSPB. Learn all you need to know about charging, including the difficulty of proving the “intent” charge element and alternative options to difficult charges.

Wednesday, Sept. 11: Defensible Penalties

How in the world do you know the appropriate penalty for a Federal employee who engaged in misconduct? We’ll answer that question for you as we dive into MSPB and Federal Circuit lead cases in penalty determination. Discussion will include getting “intent” penalties off of “non-intent” charges, proving harsh penalties off of vanilla charges, penalty mitigation, and more.

Thursday, Sept. 12:  Handling Unacceptable Performance

The focus shifts to unacceptable performance actions today. We’ll discuss drafting defensible performance standards, collecting proper documentation, implementing a demonstration period (DP) or PIP, defeating the performance rollercoaster, and the impact of the 2021 Santos v. NASA decision.

Friday, Sept. 13: Defending Against Whistleblower Reprisal Claims and other Affirmative Defenses

MSPB Law Week closes with guidance on the complex issue of whistleblower reprisal complaints. We’ll cover the categories of protected disclosures, actions that could constitute retaliation, and the Carr analysis, plus claims of harmful error, reprisal for union activity, and excessive penalty findings.

Learning objectives

• Differentiate between misconduct and unacceptable performance.
• Avoid common charging mistakes.
• Conduct an effective Douglas factor analysis.
• Remove an unacceptable performer in 31 days.
• Recognize the categories of protected disclosures.

Training time

12:30 pm – 4:30 pm ET each day

Pricing

Early bird (register by Aug. 9, 2024)

• 5 days = $1,740
• 4 days = $1,505
• 3 days = $1,130
• 2 days = $855
• 1 day = $525

Standard (register through Sept. 13, 2024)

• 5 days = $1,840
• 4 days =$1,605
• 3 days = $1,230
• 2 days = $955
• 1 day = $625

Event FAQs

Can I attend this class using my government computer?

This event will be held on Zoom. Many government computers and systems allow Zoom access. If for some reason your firewall will not allow access, you are welcome to use your personal email address to register and to attend the sessions from your personal device. Dial-in telephone access is also available.

Can I earn CLE credits for this class?

CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees. If you are seeking CLE credit, you may use the materials provided by FELTG in submission to your state bar. You may also request a certificate of completion which will contain the number of training hours attended.

Can I share my access link with co-workers?

No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.

Can I register a teleworker?

This event is individual registration, so the cost is the same whether the person is teleworking or attending from an agency facility.

How do I receive a group discount?

Group discounts are available for agencies registering 10 or more individuals for the full event, and are available through the early bird registration deadline. The group discount must be requested in writing with registration submission via email or fax.

What are the Substitute, Cancellation and No-show Policies for Registered Participants?

Substitutions may be made at no cost with advance notice to FELTG. We kindly request 24 hours’ advance notice. No substitutions will be permitted within one hour of the training start time. No cancellations are accepted within 30 days of the training start date. No cancellations are accepted on pre-paid registrations. There are no refunds for no-shows.