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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.

Instructors

William Wiley, Deborah Hopkins

Daily Agenda

Monday

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.

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 Board’s lack of a quorum, 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 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.

Pricing

Most people attend the full training week, but you may opt out of any days you don’t plan to attend.

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.