Calendar

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Sessions are held daily from 8:30 a.m. – 4:00 p.m. Monday through Thursday, and 8:30 a.m. – 12:00 p.m. Friday.

Instructor

Ernest Hadley

Daily Agenda

Monday

Legal Writing I — The Basics: Legal writing and citation formats, argumentative approaches, writing from the reader’s perspective, organizational logic, word choice and structure, legal terms and court structure. Workshops: Spin Words, Speed Ball Exercise & Spin an Issue, Putting it All Together

Tuesday

Legal Writing II — Writing for Your Audience: Defining and distinguishing claims, defenses and issues, the factual narrative, identification of material facts, and persuasion. Workshops: Defining Claims, Writing the Agency Factual Statement, Writing the Employee Factual Statement

Wednesday

Legal Writing III — Writing for Your Audience (con’t.): Educating the reader, analyzing the evidence, organizing the arguments, distinguishing cases. Workshops: State the Rule, Writing the Analysis.

Thursday

Legal Writing IV — Writing for the MSPB and EEOC: MSPB prehearing submissions, drafting final agency decisions. Workshops: Drafting a Prehearing Submission, Writing a FAD.

Friday

Legal Writing V — Writing for the MSPB and EEOC (con’t.): Motion practice and summary judgment, MSPB petitions for review and EEOC appeals, MSPB petitions for review and EEOC appeals, editing your work. Workshop: Deconstruction of a Final Decision.

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 Sept. 23):

• 5 days = $2180
• 4 days = $1790
• 3 days = $1380
• 2 days = $980
• 1 day = $540

Standard Tuition (register Sept. 23-Oct. 11):

• 5 days = $2280
• 4 days = $1890
• 3 days = $1480
• 2 days = $1080
• 1 day = $640

Metro, Parking, Directions

Metro: The International Student House (1825 R Street NW) is located in convenient proximity to the Red Line. Exit Metro at the Dupont Circle station and proceed to the Q Street/North exit. Head north (you will come off the escalator facing north; if you use the elevator take a left after exiting) on Connecticut Avenue to R Street NW (approximately one block). Turn right onto R Street NW. Cross 19th Street NW and the International Student House will be on the left side of the street approximately halfway down the block. If you reach the Bikeshare dock, you’ve gone too far. Approximate walk time: 7-10 minutes.

Parking: Street parking is metered and is limited to two hours, unless you have a Washington, DC, Zone 2 parking pass. The closest parking garage is at 11 Dupont Circle, approximately two blocks from the International Student House (1825 R Street NW). Approximate walk time: 5 -7 minutes.

From the Carlyle Hotel: After exiting the Carlyle Hotel, turn left. At the first intersection, R Street NW, turn right. Proceed approximately one block. The International Student House (1825 R Street NW) will be on your right, just past the Bikeshare dock. Approximate walk time: 4-6 minutes.

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.

Download Individual Registration Form

Event Description

These are challenging times for the federal workforce. Over three days, the FELTG Virtual Training Institute will broadcast nine live instructor-led sessions, aimed at providing you with the latest legal and practical guidance to meet these current challenges.

Renew your efforts to hold employees accountable for performance and conduct. Review your responsibilities regarding leave, reasonable accommodation, investigating harassment, and preventing discrimination in the workplace. Stay current on case law. Learn strategies for managing teleworkers – and for managing your own stress and handling employee stress during these trying times. And much more.

There’s no need to feel isolated – even if you’re working alone at home. The open enrollment FELTG Virtual Training Institute’s Emerging Issues in Federal Employment Law program offers opportunities to ask questions of FELTG’s experienced instructors, and get answers in real time. Plus, we’ll provide a forum for participants to get in touch and discuss the issues after the sessions are over.

You can register for any of the sessions individually. You can register for a whole day. Or you can register for the whole program. Earn CLE credits and EEO refresher training credits. Three days. Nine sessions. Eight instructors. We’d love to have you join us.

Download Individual Registration Form

Tuesday, April 21, 2020

Performance, Conduct and Legal Updates

Session 1

10:30 am – 12:00 pm EDT

Accountability for Conduct: Taking Defensible Disciplinary Actions

Presented by Deborah J. Hopkins, Attorney at Law, FELTG President

Course Description: This session begins with a discussion on the foundation of supervisory authority, and it will clarify the too-common misconceptions that prevent federal agencies from taking successful misconduct actions against employees. Attendees will learn the five elements that must be present in a disciplinary case, with a special focus on penalty justification and due process requirements. Attendees will leave with the guidance necessary to take defensible actions quickly and fairly – and to ensure that those actions will withstand scrutiny on appeal by the MSPB, EEOC, or in grievance arbitration. Earn 1.5 CLE credits.

Learning Objectives

Attendees will learn how to:

• Understand the legal definition of discipline, and which corrective actions are not discipline under the law.
• Identify the legal elements required in every disciplinary case, and the standard of proof to take a defensible action.
• Use the Douglas Factors in penalty determination.

Session 2

1:00 – 2:30 pm EDT

Unacceptable Performance: Streamlining the Procedures

Presented by William Wiley, Attorney at Law, FELTG Past President

Course Description: When it comes to poor performance, the one action you can’t afford to take is not taking action. Yet, when you do take a performance-based action, there are limitless mistakes that can trip you up and result in lost appeals. During this session, Bill Wiley shares the tools you need to confidently and effectively address poor performance, including initiating a performance demonstration period/PIP, the evidence and documentation needed to justify a performance-based action, and a secret trick on removing an employee for poor performance without using a demonstration period/PIP. After this session, attendees will have the tools necessary to remove an unacceptable performer in 31 days. Earn 1.5 CLE credits.

Learning Objectives

Attendees will learn how to:

• Recognize the standards of proof needed for a performance-based action.
• Implement recent Executive Orders and OPM guidance into your performance procedures.
• Successfully take a defensible performance-based action.

Session 3

3:00 – 4:30 pm EDT 

Federal Employment Law Update: Recent Developments at the EEOC, FLRA and MSPB

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

Course Description: In the world of federal employment law, things can change quickly; there has been more action in the past three years than in the last 35 years before. Join FELTG Instructor Ann Boehm for a review of the most recent and relevant cases, regulations, studies and reports from the EEOC, FLRA and MSPB, plus information from OPM and the Office of Special Counsel. She will also cover the very latest on Executive Orders 13836, 13836, 13837 and 13839. Attendees will leave with knowledge of recent developments and with an in-depth analysis of the current employment law climate and its impact on the federal workplace. Earn 1.5 CLE credits.

Learning Objectives

Attendees will learn how to:

• Identify the most critical recent decisions from the EEOC and FLRA.
• Explain the status and impact of President Trump’s Executive Orders regarding the federal workplace.
• Understand the current status of the MSPB and how the lack of quorum impacts agency actions and appeals.

Wednesday, April 22, 2020

Managing and Advising During the COVID-19 Pandemic and Beyond

Session 4

10:30 am – 12:00 pm EDT

Handling Current Leave Challenges in the Federal Workplace

Presented by Barbara Haga, President/Federal HR Services, FELTG Senior Instructor

Course description: Barbara Haga will review some of the most pressing issues involving leave, including tough questions related to FMLA and sick leave, the paid family leave provisions expected to go into effect in October, and the flexibilities related to leave tied to the COVID-19 pandemic including weather and safety leave. Attendees will come away with an array of knowledge for handling the leave issues they’re likely to face in the coming weeks and months, and will be equipped for a successful return to more normal operations in the future.

Learning Objectives

Attendees will learn how to:

• Apply weather and safety leave standards during the COVID-19 pandemic.
• Identify the provisions of the new paid family leave, and which employees are affected.
• Manage requests for sick leave and FMLA, from near and far.

Session 5

1:00 – 2:30 pm EDT

Managing a Mobile Workforce: Tools for Accountability

Presented by Deborah J. Hopkins, Attorney at Law, FELTG President

Course description: One of the biggest challenges facing agencies during this COVID-19 Pandemic is that so much of the workforce is no longer in the workplace. How do you handle performance issues? What about conduct? Are work expectations lowered or amended when people telework in emergency situations? What are the pitfalls or best practices for managing employees from afar? Using anecdotes from her decade of experience managing a remote workforce, FELTG President Deborah J. Hopkins will provide the answers and share exclusive tips you shouldn’t miss. Earn 1.5 CLE credits

Learning Objectives

Attendees will learn how to:

• Communicate expectations to employees who are new to telework.
• Conduct a performance demonstration period while an employee is working remotely.
• Identify the telework performance pitfalls for employees and supervisors.

Session 6

3:00 – 4:30 pm EDT

Strategies for Stress: Effectively Coping in a COVID-19 World

Presented by Shana Palmieri, LCSW, FELTG Instructor

Course description: The COVID-19 pandemic has required all of us to make major lifestyle changes, whether you’re in the office or working from home. Our lives have quickly been altered, creating varying levels of anxiety and uncertainty. Change, stress and social isolation can significantly impact your health and job performance. Licensed Clinical Social Worker Shana Palmieri will guide you through how to manage change and stress for yourself and your employees so you can continue to focus on your agency’s mission – from wherever you happen to be working.

Learning Objectives

Attendees will learn how to:

• Manage workforce disruptions to successfully stay focused on work during the COVID-19 pandemic.
• Cope with social distancing and social isolation.
• Recognize and manage stress levels that, when unaddressed, impact your work performance and overall wellness.

Thursday, April 23, 2020

EEO Challenges in the Federal Workplace

Session 7

10:30 am – 12:00 pm EDT

Preventing and Correcting Discrimination: A Focus on Race, Color, and National Origin

Presented by Ricky Rowe, Former National EEO Manager/Veterans Affairs, FELTG Instructor

Course description: During stressful times, there is often a desire to find something, or someone, to blame. In some cases, employees perceive a conflict with agency management to be motivated by an illegal reason. And every now and then, an agency official engages in unlawful discrimination, and then the agency has a responsibility to make amends with the employee. FELTG Instructor Ricky Rowe will use his 38 years of federal sector EEO and HR experience to address these scenarios with a review of relevant EEOC decisions involving employee race, color and national origin, and will share timely and critical information to ensure that your workplace is safe and inclusive for all. Earn 1.5 EEO refresher training hours by attending this session.

Learning Objectives

Attendees will learn how to:

• Identify the discrimination theories where race, color and national origin could form the basis of a complaint.
• Recognize and immediately address instances of race, color, and national origin discrimination in the workplace.
• Determine when language-restrictive policies are discriminatory – and when they are permitted.

Session 8

1:00 – 2:30 pm EDT

Conducting Effective Harassment Investigations

Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor

Course description: If there’s one topic on every agency’s front burner, it’s harassment. FELTG Instructor Katherine Atkinson will explain the differences between EEO and non-EEO harassment, and the critical steps that agencies should take when investigating misconduct. An incomplete investigation could cost you the case, so it’s imperative to understand the requirements for a legally sufficient harassment investigation. Attendees will leave with useful guidance and practical tools to help them complete an effective and thorough investigation. Earn 1.5 EEO refresher training hours by attending this session. Earn 1.5 CLE credits.

Learning Objectives

Attendees will learn how to:

• Address the issue of harassment as misconduct, not just an EEO issue.
• Identify the numerous forms that harassment takes.
• Interview all relevant parties in a harassment investigation: the complainant, the accused, and material witnesses.

Session 9

3:00 – 4:30 pm EDT

Reasonable Accommodation in the Federal Workplace: Challenges and Solutions for 2020

Presented by Meghan Droste, Attorney at Law, FELTG Instructor

Course description: Reasonable accommodation for disabilities intersects with every aspect of the federal workforce: conduct, performance, leave, telework, and more. FELTG Instructor Meghan Droste will explain answers to the most common questions including: What does qualified individual really mean? What is the agency required to do during the interactive process? Must I provide a provisional accommodation? Do I have to grant telework as an accommodation? Is providing a new supervisor a reasonable accommodation? You’ll receive guidance on other perplexing reasonable accommodation challenges, and discuss the mistakes agencies have made in recent cases – so you can avoid similar mistakes. You can’t afford to miss this session. Earn 1.5 EEO refresher hours and 1.5 CLE credits.

Learning Objectives

Attendees will learn how to:

• Make legal disability determinations.
• Understand “qualified individual” standard.
• Provide the most effective reasonable accommodation to allow the employee to successfully perform the essential functions of the job.

Price

• Early Bird Tuition (register by April 14): One Session = $100  |  Three Sessions = $250  |  All Access = $700
• Standard Tuition (register April 15-23): One Session = $115  |  Three Sessions = $275  |  All Access = $750
• Rates per registrant.
• REGISTER NOW.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Zoom Webinars (not Zoom Meetings) to broadcast its Virtual Training Institute events. 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.
• How do I claim CLE or EEO refresher credits?
  • This program has been submitted (and we anticipate this program will be approved) for Virginia CLE credits. Members of other state bars must submit for CLE credit on their own, and may use the materials provided by FELTG in submissions. Attendees may also request a certificate of completion which will contain the number of training hours attended, and will designate how many EEO refresher hours were earned.
• Can I get HRCI credits for attending this class?
  • Each session is approved for 1.5 hours of HRCI general recertification credit. The HRCI course numbers will be available upon the conclusion of the training.
• What if I want to attend a session but have a schedule conflict?
  • FELTG plans to record every session, and will make recordings available for purchase after the conclusion of the event.
• 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?
  • The group discount deadline has passed.

Download Registration Form

EEO Challenges in a COVID-19 World

The workplace has been turned upside down over the last few weeks as more than a million federal employees have left their desks and agency facilities to work from home. But just because there’s nobody in the office doesn’t mean that EEO problems have vanished, too. Plus, EEO problems for workers whose presence is deemed essential – such as health care providers, security officers, law enforcement officials – are on the rise.

HR specialists, EEO professionals, agency attorneys and supervisors are finding that instead of decreasing as social distancing sets in, EEO problems are getting more challenging – and some of the questions that are arising have no legal precedent, due to the unprecedented nature of this pandemic. It’s expected that these challenges will continue, and possibly increase, once the majority of workers report back to their offices.

It may seem as though you’re suddenly navigating uncharted waters. Have no fear. During this half-day virtual training event, Attorney Katherine Atkinson will explain how applying the basic EEO framework can answer the aforementioned and other puzzling EEO questions you may suddenly face. Because Ms. Atkinson will use a legal analysis to address these challenges, the answers and guidance you receive during this virtual training will be useful long after the coronavirus is gone.

Topics covered will include answers to these questions:

• If a supervisor treats an employee like she has COVID-19, could that employee have a “regarded as” claim under the ADA/Rehabilitation Act?
• How would you handle an employee’s claim that he’s being harassed because he is at high risk for COVID-19, or has recovered from the virus?
• Can you direct someone with asthma to telework when she prefers to work in the office?
• Must you provide telework or other accommodations to all employees with pre-existing conditions that make them high risk for COVID-19?

Plus, you’ll have plenty of opportunities to ask questions about the unique problems you’re facing during these unprecedented times.

Learning Objectives

Attendees will learn how to determine:

• Whether an employee with COVID-19 or pre-existing respiratory sensitivities should receive a reasonable accommodation.
• How OPM’s telework flexibilities impact the federal workplace.
• When and how to take action against pandemic-related harassment and discrimination.

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

3

Download Individual Registration Form

Price

• Early Bird Tuition (register by May 6): $250
• Standard Tuition (register May 7-13): $280
• Rates per registrant.
• Want to register a group? Group discounts are available through May 6. Contact FELTG.
• REGISTER NOW.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Zoom Webinars (not Zoom Meetings) to broadcast its Virtual Training Institute events. 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.
• 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.
• What if I want to attend a session but have a schedule conflict?
  • FELTG plans to record every session, and will make recordings available for purchase after the conclusion of the event.
• 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. Group discounts are available through May 6.

Download Registration Form

Event Description

Investigating harassment in your agency can be an intimidating assignment, one that is rife with innuendo, conflicting accounts, and raw emotions. Ensuring that your investigation is legally compliant and protects employees, while helping the agency minimize liability, is a taxing task. It’s even more challenging during the COVID-19 pandemic when most investigations must be done virtually.

Together, these three instructor-led live training sessions will provide a solid basis for a successful and effective approach to conducting legally-sufficient harassment investigations that stand up upon third-party review. Peruse MSPB and EEOC cases and you’ll find that poorly conducted investigations are far more common than they should be, and the cost of these investigations to agencies are bigger than you’d expect.

Understand the differences between EEO and non-EEO harassment. Learn the best techniques to conduct an investigation – whether onsite or virtually. Write a report that covers all the crucial information. And much more.

This open enrollment FELTG Virtual Training Institute program Conducting Effective Harassment Investigations offers opportunities to ask questions of FELTG’s experienced instructors, and get answers in real time. Plus, this program fulfills the requirements for 8-hour annual EEO investigator refresher training.

You can register for any of the sessions individually, or you can register for all three. This program runs from 12:30 – 4:00 eastern each day, with a 30-minute break from 2:00 – 2:30 eastern.

Download Individual Registration Form

Monday, May 18, 2020

Session 1: Investigating Harassment: Misconduct Principles

12:30 pm – 4:00 pm EDT (break from 2:00 – 2:30)

Presented by Deborah J. Hopkins, Attorney at Law, FELTG President

Course Description: An effective harassment investigation begins with a solid foundation of misconduct law in the federal workplace. Attorney and FELTG President Deborah J. Hopkins will explain the principles that underpin a successful investigation of federal employee misconduct, whether it’s on-duty or off-duty. Attendees will learn the five elements of discipline and understand how they relate to the misconduct investigation process. Plus, they’ll learn about evidence standards and burdens of proof in misconduct cases, how Douglas factors play in to an investigation, the importance of nexus, what to do when a witness won’t cooperate, and much more.

Learning Objectives

Attendees will learn how to:

• Identify the relationship between the foundations of federal accountability and misconduct investigations.
• Identify and collect relevant penalty evidence during the investigation.
• Recognize the mistakes that derail effective misconduct and harassment investigations.

Tuesday, May 19, 2020

Session 2: Understanding Harassment and Planning the Investigation

12:30 pm – 4:00 pm EDT (break from 2:00 – 2:30)

Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor

Course description: What is the scope of the investigation? Who should you interview? What documents are you going to need? Preparing your investigative plan is a critical step in developing a legally sufficient investigation. Attorney Katherine Atkinson will explain the proper role of the investigator and how you can avoid the pitfalls of an insufficient investigation with the proper preparation and knowledge. Plus, she’ll answer important questions about representation: Does the witness have the right to a representative? Does the union have a right to attend the interview – even if the witness doesn’t want the union there? What rights does agency management have in the process?

Learning Objectives

Attendees will learn how to:

• Discern the difference between EEO and non-EEO harassment, and the impact that has on the investigations’ legal sufficiency.
• Identify witness rights and management rights.
• Recognize the three basic characteristics of evidence in a harassment investigation.

Wednesday, May 20, 2020

Session 3: Conducting the Investigation and Writing the Report

12:30 pm – 4:00 pm EDT (break from 2:00 – 2:30)

Presented by Meghan Droste, Attorney at Law, FELTG Instructor

Course description: Attorney Meghan Droste will share legal principles and proven guidance to navigate this most critical and challenging part of harassment investigations: conducting the interviews and gathering relevant evidence. Attendees will leave the session with techniques for questioning, tools for reading body language, suggestions on how to handle difficult personality types, and tips for writing the fact-finding report (FFR) and report of investigation (ROI). Ms. Droste will also share how technology is changing the investigation process, including a very timely discussion of conducting virtual interviews.

Learning Objectives

Attendees will learn how to:

• Identify the similarities and differences in conducting onsite and virtual interviews.
• Apply logic and judgment to evaluate conflicting statements.
• Write a fulsome report on the findings from the harassment investigation.

Price

• Early Bird Tuition (register by May 8): One Session = $240  |  Two Sessions = $480  |  Full Event = $645
• Standard Tuition (register May 9-May 20): One Session = $255  |  Two Sessions = $510  |  Full Event = $695
• Rates per registrant. No split registrations permitted.
• Want to register a group? Group discounts are available through May 8. Contact FELTG.
• REGISTER NOW.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Zoom Webinars (not Zoom Meetings) to broadcast its Virtual Training Institute events. 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.
• 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 based on the number of sessions attended by employees in an organization. If an agency wishes to register participants for a total of 30 sessions, a group discount will apply if all registrations received and paid for together. For example, that could be 10 Full Event registrations; or 15 people attending two sessions each. Group discounts are only available through May 8.

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.

Download Registration Form

Event Description

Though the world looks different than it did a few months ago, one thing hasn’t changed: the need for agencies to take disciplinary actions against employees who violate workplace rules. It’s more important than ever for agency advisers to be aware of new regulations, and the current status of the executive orders, that apply to executive branch employees. FELTG’s Virtual Training Institute presents Taking Defensible Disciplinary Actions, a three-day virtual program covering the legal requirements and best practices for taking defensible disciplinary actions in the federal government – actions that will withstand appeal by a third party.

Join top MSPB practitioners and topic authors, and learn the law, strategies, and techniques from their many years of combined experience. You can register for any of the sessions individually, or you can register for all three.

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

Download Individual Registration Form

Monday, June 1, 2020

Session 1: The Foundations of Accountability: Discipline and Adverse Actions

12:30 pm – 4:00 pm EDT (break from 2:00 – 2:30)

Presented by Deborah J. Hopkins, Attorney at Law, FELTG President

Session Description: This session begins with a discussion of the foundations of accountability based on the Civil Service Reform Act and the Department of Veterans Affairs Accountability and Whistleblower Protection Act, and the importance of understanding the differences between employee poor performance and misconduct. The program will cover the five elements that must be present in every disciplinary case, plus discipline and adverse action procedures, and how an agency can defend itself in an appeal to an MSPB administrative judge or in front of an arbitrator. Plus, we’ll spotlight discipline alternatives such as last chance agreements and last rites discussions.

Learning Objectives

Attendees will learn how to:

• Understand the differences between misconduct and poor performance.
• Develop a disciplinary record containing the five elements of a legally-defensible disciplinary case.
• Identify alternatives to traditional discipline.

Tuesday, June 2, 2020

Session 2: Charges and Penalties

12:30 pm – 4:00 pm EDT (break from 2:00 – 2:30)

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

Session Description: If you’ve been in the business for more that a few days, you know the importance of drafting legally-sufficient disciplinary charges, and the importance of making a reasonable penalty determination. Yet many agencies still lose cases because of poorly-drafted charges. This session will cover the art and science behind drafting disciplinary charges, including the types of charges, parts of a charge, how charges are interpreted, and alternative charges. From there the discussion will turn to MSPB and Federal Circuit lead cases in penalty determination, and defending the penalty using the Douglas factors, including getting “intent” penalties off of “non-intent” charges, and proving harsh penalties off of vanilla charges. Plus, we’ll cover the important aspects of drafting proposal and decision letters.

Learning Objectives

Attendees will learn how to:

• Identify sound, legally-defensible charges that correspond to an employee’s misconduct.
• Understand how the Douglas factors impact the reasonableness of an agency’s penalty.
• Draft proposal and decision letters according to legal standards.

Wednesday, June 3, 2020

Session 3: Affirmative Defenses and Mixed Cases

12:30 pm – 4:00 pm EDT (break from 2:00 – 2:30)

Presented by Deborah Hopkins, Attorney at Law, FELTG President and Robert Woods, Attorney at Law, FELTG Instructor

Session Description: When it comes to discipline, employees often want to challenge management in an attempt to get the discipline overturned. On some occasion, those challenges can be a bit complicated. This session will cover two areas you’ll need to be prepared for: affirmative defenses and mixed cases. We’ll take a look at the multiple types of reprisal an employee might allege as an affirmative defense, plus cover what to do if an employee alleges an agency action was motivated by EEO discrimination, or accused the agency of committing a harmful error. From there the discussion will focus the anatomy of a mixed case appeal or a mixed case complaint, and what you should do when one of these lands on your desk.

Learning Objectives

Attendees will learn how to:

• Understand affirmative defenses and learn how to defend against them.
• Successfully defend your agency against whistleblower reprisal complaints.
• Identify and successfully navigate scenarios involving mixed cases.

Price

• Early Bird Tuition (register by May 22): One Day = $275  |  Two Days = $525  |  Full Event = $750
• Standard Tuition (register May 23-June 3): One Day = $325  |  Two Days = $575  |  Full Event = $795
• Rates per registrant. No split registrations permitted.
• Want to register a group? Group discounts are available through May 22. Contact FELTG.
• REGISTER NOW.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex to broadcast its Virtual Training Institute events. 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 May 22.

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.

Download Individual Registration Form

Federal Workplace Challenges in a COVID-19 World: Returning to Work During a Pandemic

While the nation’s slow re-opening is being welcomed by struggling small businesses and Americans eager for a return to normalcy, it is being met with hesitation and fear by many employees who will soon be making their way back to the workplaces they last occupied several weeks ago.

They are not the only ones who are hesitant. You probably are too. And you should be. Bringing teleworkers back to the physical workplace amid a pandemic will not be easy. Agency HR/EEO professionals, attorneys, supervisors, and managers play important roles in ensuring that their agencies follow the appropriate guidelines, comply with laws involving leave and reasonable accommodation, and meet their burden for providing a safe workspace.

Are you prepared? Join FELTG for a one-of-a-kind, multi-faceted virtual training event that readies you for this unique and demanding challenge. In one afternoon, attendees will receive a detailed discussion of numerous considerations as they prepare for the physical return of employees to the workplace – leave and flexible work schedules, medical testing, employees who blow the whistle about COVID-19 related issues, reasonable accommodation, mental health crises, and much more.

Learning Objectives

After completing this training, attendees will know how to:

• Apply available flexibilities on scheduling, leave, and telework.
• Provide appropriate support to employees with mental health struggles exacerbated by the pandemic.
• Ensure a safe work environment without violating EEO laws.

This is an event that you cannot afford to miss. This program runs from 12:30 pm – 4:00 pm eastern

Download Individual Registration Form

Session Description

Part 1: Federal Employee Leave: Rights, Requirements and Strategies

Presented by Ann Boehm, FELTG Instructor, Attorney at Law

Administering leave can be complicated enough in normal times, let alone during a pandemic. Ms. Boehm will explain the basic leave entitlements of federal employees, and address the additional leave options and strategies that are specific to COVID-19, such as emergency paid sick leave and administrative leave.

Part 2: Complying with the Law While Ensuring a Safe Return to Work

Presented by Deborah J. Hopkins, FELTG President, Attorney at Law

What is the latest guidance from OPM, OMB, CDC, and other authorities as agencies prepare to call employees back to work? Can you – and should you – require medical certification for employees returning to duty? What are your options if an employee refuses to return to work? Are you prepared for reasonable accommodation requests or hostile work environment claims from vulnerable populations? What should an agency do if an employee has blown the whistle about COVID-19 related matters? Ms. Hopkins will address these issues, and more.

Part 3: Managing the Mental Health Crisis During the Pandemic

Presented by Shana Palmieri, LCSW, FELTG Instructor

A new national report detailing the psychological impacts of COVID-19 projects an additional 75,000 Americans could die due to “diseases of despair.” This vulnerable population will soon be returning to the workplace. Ms. Palmieri will provide up-to-date information on risk factors for mental health crises and how to provide appropriate support, intervention and access to treatment for federal government employees to prevent deaths from diseases of despair including suicide, depression, and acute trauma.

Price

• Early Bird Tuition (register by June 1): $295
• Standard Tuition (register June 2-10): $345
• Rates per registrant.
• Want to register a group? Group discounts are available through June 1. Contact FELTG.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Zoom Webinars (not Zoom Meetings) for this 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.
• 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. Group discounts are available through June 1.

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.

Download Individual Registration Form

Federal Workplace Challenges in a COVID-19 World: Returning to Work During a Pandemic

While the nation’s slow re-opening is being welcomed by struggling small businesses and Americans eager for a return to normalcy, it is being met with hesitation and fear by many employees who will soon be making their way back to the workplaces they last occupied several weeks ago.

They are not the only ones who are hesitant. You probably are too. And you should be. Bringing teleworkers back to the physical workplace amid a pandemic will not be easy. Agency HR/EEO professionals, attorneys, supervisors, and managers play important roles in ensuring that their agencies follow the appropriate guidelines, comply with laws involving leave and reasonable accommodation, and meet their burden for providing a safe workspace.

Are you prepared? Join FELTG for a one-of-a-kind, multi-faceted virtual training event that readies you for this unique and demanding challenge. In one afternoon, attendees will receive a detailed discussion of numerous considerations as they prepare for the physical return of employees to the workplace – leave and flexible work schedules, medical testing, employees who blow the whistle about COVID-19 related issues, reasonable accommodation, mental health crises, and much more.

Learning Objectives

After completing this training, attendees will know how to:

• Apply available flexibilities on scheduling, leave, and telework.
• Provide appropriate support to employees with mental health struggles exacerbated by the pandemic.
• Ensure a safe work environment without violating EEO laws.

This is an event that you cannot afford to miss. This program runs from 12:30 pm – 4:00 pm eastern

Download Individual Registration Form

Session Description

Part 1: Federal Employee Leave: Rights, Requirements and Strategies

Presented by Ann Boehm, FELTG Instructor, Attorney at Law

Administering leave can be complicated enough in normal times, let alone during a pandemic. Ms. Boehm will explain the basic leave entitlements of federal employees, and address the additional leave options and strategies that are specific to COVID-19, such as emergency paid sick leave and administrative leave.

Part 2: Complying with the Law While Ensuring a Safe Return to Work

Presented by Ann Boehm, FELTG President, Attorney at Law

What is the latest guidance from OPM, OMB, CDC, and other authorities as agencies prepare to call employees back to work? Can you – and should you – require medical certification for employees returning to duty? What are your options if an employee refuses to return to work? Are you prepared for reasonable accommodation requests or hostile work environment claims from vulnerable populations? What should an agency do if an employee has blown the whistle about COVID-19 related matters? Ms. Boehm will address these issues, and more.

Part 3: Managing the Mental Health Crisis During the Pandemic

Presented by Shana Palmieri, LCSW, FELTG Instructor

A new national report detailing the psychological impacts of COVID-19 projects an additional 75,000 Americans could die due to “diseases of despair.” This vulnerable population will soon be returning to the workplace. Ms. Palmieri will provide up-to-date information on risk factors for mental health crises and how to provide appropriate support, intervention and access to treatment for federal government employees to prevent deaths from diseases of despair including suicide, depression, and acute trauma.

Price

• Early Bird Tuition (register by June 19): $295
• Standard Tuition (register June 20-29): $345
• Rates per registrant.
• Want to register a group? Group discounts are available through June 19. Contact FELTG.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG will use Webex for this event. Many government computers and systems allow Webex access, and you do not need a Webex account in order to participate. 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. Group discounts are available through June 19.

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.

Download Individual Registration Form

Event Description

Investigating harassment in your agency can be an intimidating assignment, one that is rife with innuendo, conflicting accounts, and raw emotions. Ensuring that your investigation is legally compliant and protects employees, while helping the agency minimize liability, is a taxing task. It’s even more challenging during the COVID-19 pandemic when most investigations must be done virtually.

Together, these three instructor-led live training sessions will provide a solid basis for a successful and effective approach to conducting legally-sufficient harassment investigations that stand up upon third-party review. Peruse MSPB and EEOC cases and you’ll find that poorly conducted investigations are far more common than they should be, and the cost of these investigations to agencies are bigger than you’d expect.

Understand the differences between EEO and non-EEO harassment. Learn the best techniques to conduct an investigation – whether onsite or virtually. Write a report that covers all the crucial information. And much more.

This open enrollment FELTG Virtual Training Institute program Conducting Effective Harassment Investigations offers opportunities to ask questions of FELTG’s experienced instructors, and get answers in real time. Plus, this program fulfills the requirements for 8-hour annual EEO investigator refresher training.

You can register for any of the sessions individually, or you can register for all three. This program runs from 12:30 – 4:00 eastern each day, with a 30-minute break from 2:00 – 2:30 eastern. Participants will receive program materials via email on Monday, October 5.

Download Individual Registration Form

Tuesday, October 6, 2020

Session 1: Investigating Harassment: Misconduct Principles

12:30 pm – 4:00 pm EDT (break from 2:00 – 2:30)

Presented by Deborah J. Hopkins, Attorney at Law, FELTG President

Course Description: An effective harassment investigation begins with a solid foundation of misconduct law in the federal workplace. Attorney and FELTG President Deborah J. Hopkins will explain the principles that underpin a successful investigation of federal employee misconduct, whether it’s on-duty or off-duty. Attendees will learn the five elements of discipline and understand how they relate to the misconduct investigation process. Plus, they’ll learn about evidence standards and burdens of proof in misconduct cases, how Douglas factors play in to an investigation, the importance of nexus, what to do when a witness won’t cooperate, and much more.

Learning Objectives

Attendees will learn how to:

• Identify the relationship between the foundations of federal accountability and misconduct investigations.
• Identify and collect relevant penalty evidence during the investigation.
• Recognize the mistakes that derail effective misconduct and harassment investigations.

Wednesday, October 7, 2020

Session 2: Understanding Harassment and Planning the Investigation

12:30 pm – 4:00 pm EDT (break from 2:00 – 2:30)

Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor

Course description: What is the scope of the investigation? Who should you interview? What documents are you going to need? Preparing your investigative plan is a critical step in developing a legally sufficient investigation. Attorney Katherine Atkinson will explain the proper role of the investigator and how you can avoid the pitfalls of an insufficient investigation with the proper preparation and knowledge. Plus, she’ll answer important questions about representation: Does the witness have the right to a representative? Does the union have a right to attend the interview – even if the witness doesn’t want the union there? What rights does agency management have in the process?

Learning Objectives

Attendees will learn how to:

• Discern the difference between EEO and non-EEO harassment, and the impact that has on the investigations’ legal sufficiency.
• Identify witness rights and management rights.
• Recognize the three basic characteristics of evidence in a harassment investigation.

Thursday, October 8, 2020

Session 3: Conducting the Investigation and Writing the Report

12:30 pm – 4:00 pm EDT (break from 2:00 – 2:30)

Presented by Meghan Droste, Attorney at Law, FELTG Instructor

Course description: Attorney Meghan Droste will share legal principles and proven guidance to navigate this most critical and challenging part of harassment investigations: conducting the interviews and gathering relevant evidence. Attendees will leave the session with techniques for questioning, tools for reading body language, suggestions on how to handle difficult personality types, and tips for writing the fact-finding report (FFR) and report of investigation (ROI). Ms. Droste will also share how technology is changing the investigation process, including a very timely discussion of conducting virtual interviews.

Learning Objectives

Attendees will learn how to:

• Identify the similarities and differences in conducting onsite and virtual interviews.
• Apply logic and judgment to evaluate conflicting statements.
• Write a fulsome report on the findings from the harassment investigation.

Price

• Early Bird Tuition (register by September 25): One Session = $325  |  Two Sessions = $600  |  Full Event = $850
• Standard Tuition (register September 26 – October 8): One Session = $375  |  Two Sessions = $650  |  Full Event = $900
• Rates per registrant. No split registrations permitted.
• Want to register a group? Group discounts are available through September 25. Contact FELTG.
• REGISTER NOW.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex to broadcast 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 attendees for the full event. Group discounts are only available through September 25.

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.