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FELTG is coming to Okinawa!

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 MSPB practitioners and topic authors William Wiley and Deborah Hopkins, and learn the law, strategies, and techniques that will benefit your agency for years to come.

The program runs 8:00 – 4:00 each day.

* This program is taking place Camp Foster. Exact location will be emailed to confirmed participants. In order to register you MUST have either (1) a DoD Issued Common Access Card (CAC), or (2) Camp Foster Base Access Pass.

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; Labor Relations: 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, labor relations considerations.

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.

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Holding federal employees accountable for performance and conduct is easier than you might think. Too many supervisors believe that an employee’s protected activity (EEO complaints, whistleblower disclosures, or union activity) precludes the supervisor from initiating a suspension or removal, but that’s just not true.

FELTG is here to make federal supervisors’ lives easier by clarifying those misconceptions while helping supervisors understand how to take defensible misconduct actions quickly and fairly – actions that withstand scrutiny on appeal by the MSPB, EEOC, or in grievance arbitration. Plus, if you have a non-performing employee working for you now, we show you how you can remove that employee from your workplace in 31 days, among many other things. Join us for this brand-new three-day seminar and come away with the tools you need to hold your employees accountable.

The program runs 8:30 – 4:00 each day and meets OPM’s mandatory training requirements for federal supervisors found at 5 CFR 412.202(b).

Instructors

William Wiley, Deborah Hopkins

Daily Agenda:

Tuesday

Accountability for Conduct and Performance, Part I: Accountability and supervisory authority; discipline and misconduct theory and practice; penalty defense and due process; discipline procedures and appeals; psychology of performance appraisal; performance-based removal procedures.

Wednesday

Accountability for Conduct and Performance, Part II: Completing a performance action; team workshop; mentoring programs; handling the absent employee; union considerations; understanding the federal supervisor’s personal liability in employment actions.

Thursday

Defending Against Discrimination Complaints: The Supervisor’s Role: The role of EEO in the federal government; defining protected categories: race, color, national origin, religion, sex, age, disability, genetic information and reprisal; theories of discrimination; agency defenses; what to do if you’re a Responding Management Official in a complaint; what happens if you’re called as an EEO witness.

Pricing

• 3 days = $1350
• 2 days = $960
• 1 day = $530

Seminar registration includes a copy of the textbook UnCivil Servant: Holding Employees Accountable for Performance and Conduct, 4th ed.

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 will not be refunded, and will not be given credit toward another course after the cancellation date on the registration form. No-shows will not be refunded or given credit toward future courses.

Download Individual Registration Form

Course Description

As Federal EEO practitioners know, FAD is short for Final Agency Decision. But the word “Final” is often misleading. A FAD is appealable, by the complainant, to the EEOC. And many employees will take advantage of that opportunity to appeal the agency’s decision.

EEOC decisions are littered with reversals of agency’s FADs finding no discrimination. An employee has that right to appeal and you cannot interfere with that. However, you can ensure that your FADs are written in a way that withstands scrutiny by the EEOC, and it starts with knowing and understanding discrimination law, as applied to the Federal workplace.

Over two half-days, Attorney Katherine Atkinson will present you with everything you need to know to write an effective FAD, including identifying and avoiding the pitfalls that often lead to the EEOC reversals.

This program runs from 12:30 – 4:00 eastern each day, with a 30-minute break from 2:00 – 2:30 eastern.

This program meets the President’s mandate to provide training on diversity, equity, inclusion and accessibility in the Federal workplace.

Instructor

Katherine Atkinson

Agenda

Monday, August 23

Applying Theories of Discrimination: EEO Law Overview; Intentional Discrimination; Disparate Impact; Hostile Work Environment; Reasonable Accommodation; Retaliation; overlapping forms of discrimination.

Tuesday, August 24

Writing the Report: Timeliness Issues; Effective Legal Writing: structure and language; FAD Legal Sufficiency; deconstruction exercise.

Price

• Early Bird Tuition: $370 per session, $700 for both sessions (register by August 6).
• Standard Tuition: $400 per session, $750 for both sessions (register August 7-24).
• Rates per registrant. No split registrations permitted.
• Want to register a group? Contact FELTG.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG will use Zoom for this Virtual Training Institute event. Many government computers and systems allow Zoom 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.
• What if I want to attend a session but have a schedule conflict?
  • FELTG plans to offer this live event periodically, so check our calendar for upcoming dates.
• 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?
  • If an agency wishes to register 10 or more attendees for the full event, a group discount will be applied if all registrations are received and paid for together. Group discount deadline is August 6.
• 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.

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.