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With one stroke of the pen, President Biden’s Executive Order on Protecting the Federal Workforce revoked President Trump’s Executive Orders 13836, 13837, and 13839 and eradicated the Schedule F classification mandated by Executive Order 13957. This means changes to performance and disciplinary actions, clean record settlements, and more.
Meanwhile, the Federal Circuit, in the precedent-breaking Santos v. NASA, ruled that agencies must have substantial evidence that the employee was performing poorly BEFORE an agency is allowed to put an employee on a performance improvement plan.
As we wait for nominees for the Merit System Protection Board, the civil service world, particularly as it applies to employee relations, continues to change quickly. It’s important to be aware of the laws, regulations, and executive orders that apply to you.
There is one place you can consistently get the best guidance and most up-to-date information you need. MSPB Law Week covers the legal requirements and best practices for 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.
While the near future of the Merit Systems Protection Board remains uncertain, FELTG’s instructors are staying on top of the situation and will provide attendees with the information they need to know.
The program runs 12:00 – 4:00 pm eastern each day, with a break from 1:45 – 2:15.
Deborah Hopkins, Ann Boehm, Bob Woods
The Foundations of Accountability; 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, discipline procedures and appeals.
Disciplinary 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, penalty mitigation; law enforcement officer discipline.
Unacceptable Performance: Performance actions in perspective, drafting a defensible performance standard, documenting and justifying your decision to put an employee on a Performance Demonstrating Period (DPs, formerly known as PIPs), implementing DPs, defeating the DP rollercoaster; the proof needed to take a performance-based action; removing a poor performer in 31 days.
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 March 15):
- 5 days = $1525
- 4 days = $1245
- 3 days = $960
- 2 days = $680
- 1 day = $395
Standard Tuition (register March 16 – April 2):
- 5 days = $1600
- 4 days = $1325
- 3 days = $1015
- 2 days = $725
- 1 day = $445
Seminar registration includes a copy of the textbook UnCivil Servant: Holding Employees Accountable for Performance and Conduct, 5th ed., by Wiley and Hopkins. In order to receive your copy of the textbook by the training date, please register by March 15 and provide a shipping address in the designated space on the registration form.
- Can I attend Virtual Training from my government computer?
- FELTG uses Webex for this Virtual Training Institute event. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
- 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, attendees may use the materials provided by FELTG in submission to your state bar. Attendees 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 in an agency facility.
- How do I receive a group rate discount?
- Group rates are available for agencies registering 10 or more individuals for the full event. Group discounts are available through March 15.
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.