MSPB Law Week covers the basics of disciplinary charges and penalties, plus understanding the law and strategy in handling performance cases. Special emphasis on leave abuse and medical issues. Join top MSPB practitioners and topic authors, and learn the law, strategies, and techniques from their many years of combined experience.
The program runs 8:30 – 4:00 each day.
Become a certified MSPB practitioner: MSPB Law Week participants are eligible for the FELTG Certified Practitioner Program.
Instructors
William Wiley, Deborah Hopkins
Daily Agenda
Monday
Adverse Actions: Statutory basis including the Civil Service Reform Act; the new Department of Veterans Affairs Accountability and Whistleblower Protection Act; he 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.
Tuesday
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.
Wednesday
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 Obama-Board and big penalty mitigation changes.
Thursday
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.
Friday
Defending Against Affirmative Defenses: Claims of harmful error; whistleblower reprisal; reprisal for union activity; excessive penalty findings. Special Discussion: Recent Procedural Errors.
Pricing
Most people attend the full training week, but you may opt out of any days you don’t plan to attend.
- 5 days = $2130
- 4 days = $1750
- 3 days = $1350
- 2 days = $960
- 1 day = $530
Lodging
The host hotel, the Sheraton Denver West, has a limited block of rooms set aside at the per diem rate. Call the hotel directly at 303-987-2000 and mention this training event to receive the special rate.
SOLD OUT. Register now for this program August 5-9, also in Denver.
This week focuses on conducting administrative investigations in the federal workplace with an emphasis on employee misconduct including workplace harassment. After an overview of the substantive law, participants will learn procedures and best practices for conducting investigations in the federal workplace, including planning the investigation, fact finding, collecting evidence, dealing with witnesses, understanding types of questioning, and testifying at hearing. The week concludes with a day focused on writing an investigative report.
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.
This program fulfills the requirements for 32-hour EEO Investigator training and 8-hour annual EEO investigator refresher training.
Instructors
Deborah Hopkins, Katherine Atkinson, Meghan Droste
Daily Agenda
Administrative Investigations: The Substantive Basis: Why investigate; discipline law and elements; understanding charges of misconduct; collecting penalty evidence; law behind other types of administrative investigations; witness rights; union representation.
Tuesday
Harassment Investigations: Investigating allegations of harassment; differentiating between EEO and non-EEO harassment; the intersection with criminal investigations; special considerations in light of #MeToo and #TimesUp.
Wednesday
Conducting the Investigation, Part I: Evidentiary principles; purpose of investigation; preparing for the investigation; role of the investigator; planning the investigation. beginning the interview.
Thursday
Conducting the Investigation, Part II: Conducting the interview; handling difficult witnesses; assessing credibility/lies/hearing what isn’t said; body language; gathering other evidence; technology and investigations; high profile case considerations; testifying at an administrative hearing; rules for being an effective witness.
Friday
Writing the Investigative Report: Organizing for the report; establishing the chronology; writing for your audience; report writing style; report writing conventions; report organization; sample report.
Pricing
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 April 29):
- 5 days = $2170
- 4 days = $1780
- 3 days = $1370
- 2 days = $970
- 1 day = $530
Standard Tuition (register April 30 – May 17):
- 5 days = $2270
- 4 days = $1880
- 3 days = $1470
- 2 days = $1070
- 1 day = $630
Lodging
The host hotel, the Sheraton Denver West, has a limited block of rooms set aside at the per diem rate. Call the hotel directly at 303-987-2000 and mention this training event to receive the special rate.
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.
This week focuses on conducting administrative investigations in the federal workplace with an emphasis on employee misconduct including workplace harassment. After an overview of the substantive law, participants will learn procedures and best practices for conducting investigations in the federal workplace, including planning the investigation, fact finding, collecting evidence, dealing with witnesses, understanding types of questioning, and testifying at hearing. The week concludes with a day focused on writing an investigative report.
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.
This program fulfills the requirements for 32-hour EEO Investigator training and 8-hour annual EEO investigator refresher training. It also meets the requirements for training under the Department of Interior’s Anti-Harassment Policy.
Instructors
Daily Agenda
Administrative Investigations: The Substantive Basis: Why investigate; discipline law and elements; understanding charges of misconduct; collecting penalty evidence; law behind other types of administrative investigations; witness rights; union representation.
Tuesday
Harassment Investigations: Investigating allegations of harassment; differentiating between EEO and non-EEO harassment; the intersection with criminal investigations; special considerations in light of #MeToo and #TimesUp.
Wednesday
Conducting the Investigation, Part I: Evidentiary principles; purpose of investigation; preparing for the investigation; role of the investigator; planning the investigation. beginning the interview.
Thursday
Conducting the Investigation, Part II: Conducting the interview; handling difficult witnesses; assessing credibility/lies/hearing what isn’t said; body language; gathering other evidence; technology and investigations; high profile case considerations; testifying at an administrative hearing; rules for being an effective witness.
Friday
Writing the Investigative Report: Organizing for the report; establishing the chronology; writing for your audience; report writing style; report writing conventions; report organization; sample report.
Pricing
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 July 22):
- 5 days = $2170
- 4 days = $1780
- 3 days = $1370
- 2 days = $970
- 1 day = $530
Standard Tuition (register July 23-August 9):
- 5 days = $2270
- 4 days = $1880
- 3 days = $1470
- 2 days = $1070
- 1 day = $630
Lodging
The host hotel, the Sheraton Denver West, has a limited block of rooms set aside at the per diem rate. Call the hotel directly at 303-987-2000 and mention this training event to receive the special rate.
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.