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.
Early Bird Tuition (register by May 20):
- 5 days = $2370
- 4 days = $1960
- 3 days = $1550
- 2 days = $1140
- 1 day = $680
Standard Tuition (register May 21 – June 7):
- 5 days = $2470
- 4 days = $2060
- 3 days = $1650
- 2 days = $1240
- 1 day = $780
Seminar registration includes a copy of the textbook UnCivil Servant: Holding Employees Accountable for Performance and Conduct, 4th ed., by Wiley and Hopkins.
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.
Course Description
It’s one of the situations most managers would most like to avoid — an employee who doesn’t show up for work. As agencies order some employees to return to the physical workplace, the chances an employee will not show up and not provide notice has increased. Is the best way to discipline the employee to charge him with AWOL? What if he comes up with a reasonable explanation for his absence? Can you deny a leave request when an employee was AWOL? Part of the Managing the Federal Workplace in 2024: Dos and Don’ts for Supervisors webinar series, this class will give you all of the tools and knowledge you need to successfully and confidently respond when employees fail to follow leave procedures.
Attendees will learn how to:
- Hold employees accountable when they don’t show up for work.
- Properly use an AWOL charge.
- Expand knowledge of leave procedures.
Date and Time
April 9, 2024; 1 – 2 pm ET
Instructor
Registration
Download Individual Registration Form
Pricing
- Early Bird Tuition (register by March 8): $145
- Standard Tuition (register March 9 or later): $195
- Rates per registrant.
- Want to register a group? Group discounts for 10 or more attendees are available through March 8. Contact FELTG.
Event FAQs
- Can I attend Virtual Training from my government computer?
- FELTG uses Zoom to broadcast 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.
- 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 March 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.