In the world of federal sector EEO, we often see cases where agencies lose appeals of EEO decisions not on merit but because of the way the appeal is written, or breach settlement agreements over ambiguously written clauses. Or, what about a motion for summary judgment that should have been granted because there truly were no disputes of material fact, yet wasn’t granted because of a technicality in how the motion was written? These things happen too often – but they shouldn’t. Luckily, we have a fix for these mistakes!
Join FELTG for this writing-based workshop program that focuses specifically on effective legal writing in federal sector EEO cases. After a quick overview of the fundamentals of good legal writing we will build on those basics with sessions targeted to material organization, framing claims, neutral and persuasive writing, and drafting specific documents for the EEOC, including Letters of Acceptance/Dismissal, Final Agency Decisions, Motions for Summary Judgment, Appeals, and EEO Settlement Agreements. Analysis and evaluation of writing exercises allows you to receive immediate feedback from our instructors. Come prepared to write!
Sessions are held daily from 9:00 a.m. – 4:00 p.m.
Instructors
Katherine Atkinson, Meghan Droste
Tuesday
EEO Writing I: The Foundation: Legal writing and citation formats; argumentative approaches; writing from the reader’s perspective; plain language; defining and distinguishing claims, defenses and issues; fixing fragmentation.
Wednesday
EEO Writing II: Neutral Legal Writing: educating the reader; Writing Letters of Acceptance/Dismissal; understanding settlement in federal sector EEO cases; parts of a settlement agreement; drafting legally enforceable settlement agreements; mistakes to avoid.
Thursday
EEO Writing III: Persuasive Legal Writing: Identification of material facts and persuasion; analyzing the evidence, organizing the arguments; distinguishing cases; writing Final Agency Decisions; motion practice and summary judgment; writing an effective Motion for Summary Judgment; OFO briefs; EEOC appeals.
Pricing
Most people attend the full three days, but you may opt out of any days you don’t plan to attend.
- 3 days = $1340
- 2 days = $950
- 1 day = $520
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.
This week focuses on administrative investigations in the federal workplace, with a focus on investigating employee misconduct. 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, 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.
Sessions run from 8:30 – 4:00 each day.
This program fulfills the requirements for 32-hour EEO Investigator training and 8-hour annual EEO investigator refresher training.
Instructors
William Wiley, Deborah Hopkins, Ricky Rowe
Daily Agenda
Monday
Administrative Investigations: The Substantive Basis: Why investigate; discipline law and elements; understanding charges of misconduct; collecting penalty evidence; witness rights; union representation.
Tuesday
Conducting the Investigation, Part I: Evidentiary principles; purpose of investigation; preparing for the investigation; role of the investigator; planning the investigation.
Wednesday
Conducting the Investigation, Part II: Setting up the room; question types and techniques; conducting the interview; handling difficult witnesses; assessing credibility/lies/hearing what isn’t said; body language; interviewing exercise.
Thursday
Conducting the Investigation, Part III: Gathering other evidence; technology and investigations; high profile case considerations; when misconduct and EEO intersect; testifying at an administrative hearing; rules for being an effective witness.
Friday
Writing the Investigative Report: Organizing for the report; establishing the chronology; report writing style; report writing conventions; report organization.
Pricing
Most people attend the full training week, but you may opt out of any days you don’t plan to attend.
- 5 days = $2120
- 4 days = $1740
- 3 days = $1340
- 2 days = $950
- 1 day = $520
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., by Wiley and Hopkins
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.
Instructors
Course Description
8
Attention EEO Counselors: meet your mandatory 8-hour refresher training with FELTG this summer in Washington, DC.
The EEO world is constantly changing and it’s crucial to stay on top of things. According to recent statistics, the average EEO complaint takes over 3.5 years to process. Wouldn’t it be wonderful to resolve some of these disputes before they go formal?
This session, presented by attorney at law Deborah Hopkins and Ricky Rowe, former National EEO Manager for the VA, will give you insight to the most essential areas counselors and investigators need to know in 2018. Topics include:
- The importance of the counselor’s approach in the precomplaint process
- Alternative Dispute Resolution in the EEO process
- Interviewing techniques
- Focused topics: sexual harassment updates; reasonable accommodation trends
- Mistakes to avoid
- Achieving resolution before litigation
The program runs from 8:30 – 4:30.
Pricing
- 1 day = $465
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.
The June 13 webinar is sold out. Register for the encore presentation JUNE 27.
Instructors
William Wiley, Deborah Hopkins
Course Description
Unless you’ve just returned from a remote island with no connection to the rest of the world, you’ve probably heard about the new Executive Orders, issued May 25, that are purported to significantly change the civil service protections that have been in place for nearly four decades.
Some changes are small, but others radically alter the status quo. Now is the time for federal attorneys, HR and LER specialists, union reps, and federal supervisors, to tune in and see exactly what these changes will mean in your day-to-day life. Join FELTG President William Wiley and Executive Director Deborah Hopkins, attorneys at law, on June 13 for a 60-minute discussion about the most important takeaways from the new Executive Orders.
Topics include:
- Changes in the performance opportunity period timeline
- Modifications to Douglas, including comparator penalties
- The undoing of progressive discipline
- Restrictions on official time for union activity
- What rights – if any – unions have any more
You won’t want to miss this important session. Register your site today.
Price
$225 per site
Teleworkers may be added to a main site registration for $25 each, on a space-available basis.
Instructor
Course Description
If you’ve attended a FELTG training or have read our newsletters, you know how important we believe word selection is in framing charges of employee misconduct. On June 14, FELTG President William Wiley, attorney at law, will conduct a 90-minute webinar discussing best practices for drafting disciplinary documents that will withstand even the harshest scrutiny by the Merit Systems Protection Board (MSPB) or an arbitrator.
After the proper statutory foundation is laid, this program will cover:
- The four mandatory rules of charging
- The three styles of charging
- Charge specifications and label elements
- Why less is more in proposal and decision letters
- Specific words to use – and avoid – in drafting charging documents
Whether you’re new to drafting disciplinary documents, or you’ve been doing it for years, your work will be more efficient, professional, and defensible if you participate in this program. Register your site today!
Price
$270 per site
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., by Wiley and Hopkins.
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.
Instructor
William Wiley, Deborah Hopkins
Course Description
Unless you’ve just returned from a remote island with no connection to the rest of the world, you’ve probably heard about the new Executive Orders, issued May 25, that are purported to significantly change the civil service protections that have been in place for nearly four decades.
Some changes are small, but others radically alter the status quo. Now is the time for federal attorneys, HR and LER specialists, union reps, and federal supervisors, to tune in and see exactly what these changes will mean in your day-to-day life. Join FELTG President William Wiley, attorney at law, on June 27 for a 60-minute discussion about the most important takeaways from the new Executive Orders.
Topics include:
- Changes in the performance opportunity period timeline
- Modifications to Douglas, including comparator penalties
- The undoing of progressive discipline
- Restrictions on official time for union activity
- What rights – if any – unions have any more
You won’t want to miss this important session. Register your site today.
Price
$225 per site
Teleworkers may be added to a main site registration for $25 each, on a space-available basis.
Instructor
Course Description
Selecting a defensible penalty is crucial part of the disciplinary process. Adding to the challenge, in the past few years the MSPB has been all over the place regarding penalties for comparator employees. And because we are under a new administration – and are waiting for new Board Members to be announced – this topic is one causing concern and confusion throughout the federal employment law world.
FELTG President, attorney and noted author William Wiley is here to make sure you have the tools you need to select an appropriate penalty for employee misconduct. He’ll start this 90-minute session by discussing the most recent and relevant MSPB and Federal Circuit cases in penalty determination, providing information on getting “intent” penalties off of “non-intent” charges, and explaining the concept of “charging down and proving up.”
He’ll also cover:
- Establishing the maximum penalty
- Notice requirements
- Considerations if your agency uses a Table of Penalties
- How to defend your agency against the Terrible Trilogy and Fearsome Foursome
- The importance of the Douglas factors in penalty determination and how to make those Douglas factors sing
As always, this session is held live and gives you a chance to ask your questions, and get immediate answers. Attorneys and HR practitioners alike will want to make plans to attend. But space is limited, so register your site today!
Price
$270 per site
Teleworkers may be added to a main site registration for $25 each, on a space-available basis
Instructors
Deborah Hopkins, Shana Palmieri, Anthony Marchese
Course Description
Pop Quiz:
- What should you do when an employee with bipolar disorder has a manic episode in the workplace?
- Do you know how to accommodate and work with employees who have PTSD or substance abuse issues?
- Are you allowed to drug test an employee who comes to work smelling like marijuana?
- What steps should you take if an employee in your agency threatens violence or suicide?
- What’s the best way to handle workplace conflicts that don’t rise to the level of performance or conduct but involve difficult personality types?
We have answers to all those questions – and many more – in the the three-day workshop Federal Workplace Challenges: Behavioral Health Issues, Threats of Violence, and Coworker Conflicts.
This class is unique in that it covers the legal issues AND the practical/clinical issues that arise in these challenging workplace scenarios. Through this combination you’ll gain the tools to better understand how to deal with employees who have mental and behavioral health issues, how to manage risk in your agency, and how to handle the conflicts that take your employees off task.
Daily Agenda:
Tuesday
Handling Behavioral Health Issues: An overview of the ADA requirements on accommodating individuals with mental impairments and other behavioral health issues; your agency’s legal obligation to provide its employees with a safe workplace; types of mental disabilities and how they may exhibit in the workplace; PTSD, substance abuse disorders; dos and don’ts when working employees who have behavioral health issues.
Wednesday
Dealing with Threats of Violence: Handling the psychiatric emergency; legal considerations for federal agencies; dangerous scenarios during the notice period; myths and facts about targeted violence in the workplace; dealing with suicidal employees; individual characteristics that put an employee at higher risk of committing an act of violence; how to develop and implement an in-house threat management team to deal with threat assessments, risk management, and the best ways to keep employees safe during a crisis; steps to take if someone becomes violent in the workplace.
Thursday
Conflict Management: Managing vs. leading; difficult employee personality types; potential generational conflicts; using structured communication with your employees; learning how to “Flex” in difficult conversations with others; conflict resolution skills; utilizing a team-based approach in the federal government.
Pricing
- 3 days = $1340
- 2 days = $950
- 1 day = $530
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.
Attention, all federal supervisors (and those who advise them): this is a program you can’t afford to miss. This week covers a range of topics including employee accountability performance and conduct, managing leave abuse, handling EEO complaints, reasonable accommodation, workplace management and leadership skills, and supervising unionized employees.
As a bonus, supervisors who complete this training meet OPM’s mandatory training requirements for new supervisors found at 5 CFR 412.202(b).
The program runs 8:30 – 4:00 each day.
Instructors
William Wiley, Deborah Hopkins
Daily Agenda:
Monday
Uncivil Servant: Holding Employees Accountable for Performance and Conduct: Fundamentals of disciplinary actions and unacceptable performance actions; establishing rules of conduct; proving misconduct; selecting a defensible penalty; providing due process via agency discipline procedures; writing valid performance standards; implement a Performance Improvement Plan; removal for unacceptable performance in 31 days.
Tuesday
Managing Employee Leave Abuse: Types of leave and leave entitlements; overviews of Family and Medical Leave Act; Office of Workers Compensation Program absences; LWOP; AWOL; leave restriction; handling leave abuse; the magic of Medical Inability to Perform removals.
Wednesday
Supervising in a Unionized Environment: What every supervisor should know about federal labor unions; collective bargaining agreements; official time; LR meetings; an overview of the Federal Service Labor-Management Relations Statute; fundamental employee, union, and management rights; unfair labor practices; controlling official time; handling information requests.
Thursday
The Supervisor’s Role in EEO: The role of EEO in the federal government; defining protected categories: race, color, national origin, religion, sex, age, disability and reprisal; theories of discrimination; defending against EEO complaints; Reasonable Accommodation; what to do if you’re a Responding Management Official in a complaint; EEO witness tips.
Friday
Management and Communication Skills for Federal Supervisors: Communicating effectively with employees; managing a multigenerational workforce; handling difficult employees; managing a mobile workforce; mentorship; identifying your leadership skills; bullying v. harassment.
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
Registered participants will receive a copy of the textbook UnCivil Servant, fourth edition, by Wiley and Hopkins.
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.
- 5 days = $2130
- 4 days = $1750
- 3 days = $1350
- 2 days = $960
- 1 day = $530
Location
We anticipate this program will be held at Camp Foster or Camp Butler, and will post specifics just as soon as we have them.
Instructor
Course Description
OMB Directive M-17-22, the Comprehensive Plan for Reforming the Federal Government and Reducing the Federal Civilian Workforce, requires agencies to eliminate unnecessary barriers to addressing poor performance contained in agency policies.
That starts with your performance plans!
Join FELTG for a 90-minute webinar with instructor Barbara Haga, who will give you the tools you need to analyze your existing performance plans, and make modifications to help managers set measurable expectations of employee performance that will survive third-party review.
Topics covered include:
- How to make sure your standards meet the legal requirements of specific and clear, measurable, and attainable
- How to create standards for subjective critical elements
- How to eliminate unacceptable performance requirements that are not based on law/regulation (and that waste your valuable time!)
The session will include time for Q & A with a premier instructor in the field. Whether you’re in HR or are a supervisor who is looking to make your performance plans better, you’ll want to be sure to join us. Register today!
Price
$270 per site
Teleworkers may be added to a main site registration for $25 each, if space is available.
The fall 2018 full-week class is SOLD OUT (a few spots remain for Th-F only) – consider registering for MSPB Law Week March 11-15, 2019.
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.
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
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 will not be refunded or given credit after the cancellation date on the registration form. No-shows will not be refunded or given credit toward future courses.
As an Employee Relations Specialist, you have a challenging job –- and once you know the basics, you realize there is always more to learn. So, FELTG is happy to present Advanced Employee Relations, a three-day seminar focused on immersing you in the employee relations topics you need most.
In this class you’ll receive in-depth training on topics including leave, performance, misconduct and more. Plus, hands-on workshops will allow you to leave with the tools you’ll need to succeed.
The program runs 8:30 – 4:30 each day.
Instructor
Daily Agenda:
Tuesday
Leave and Attendance: Administering leave, with particular emphasis on sick leave, LWOP, and FMLA. Detailed review of sick leave provisions including authorized purposes for use of sick leave, limitations on use of sick leave for family care and bereavement, eligibility to use leave for care, notice requirements, acceptable documentation. Management actions to control use of leave and abuse of sick leave. Detailed review of FMLA provisions including eligibility to invoke FMLA, entitlement, coverage of family members, administration and notice requirements. Acceptable medical documentation under FMLA, definition of serious health condition. Substitution of paid leave. Discipline tied to FMLA. LWOP – when LWOP is mandatory, limits on granting LWOP, employee status while on extended LWOP. Other topics –issues related to annual leave and leave transfer, other leave entitlements.
Wednesday
Performance Management: Managing performance from system establishment to conducting annual appraisals to taking actions linked to performance. GEAR initiative and other efforts focused on modifying Federal performance management system. Requirements for performance plans, including design of agency systems, rating schemes, and procedures for conducting appraisals. Revised DOD performance system to be implemented in 2016. Linkage between appraisal and other personnel management decisions, including reduction-in-force and within-grade increases. Writing effective and measurable performance criteria that will withstand third-party review, including a workshop where participants will do an in-depth review of performance plans. Requirements for successful performance-based actions – from drafting a PIP notice that will withstand scrutiny to conducting a bona fide PIP to ensuring that due process is met in effecting an action on unacceptable performance.
Thursday
Misconduct and Other Related Issues: Implementation of a successful disciplinary program – delegation of authority, role of advisors, warnings and cautions, use of administrative leave. Nexus. Dealing with comparators in determining a penalty. Involuntary actions – resignations and retirements. Ordering and Offering medical examinations. Specific disciplinary situations: handling situations when an employee is unable to perform including excessive leave, disability retirement, separation disability; conduct unbecoming; misuse and technology-related misconduct; failure to meet conditions of employment.
Pricing
- 3 days = $1340
- 2 days = $950
- 1 day = $520
This seminar is a fast-paced week of strategies, principles, and authorities relative to the major aspects of the field of discrimination law in the federal government. FELTG speakers draw on many years of experience from all three sides of the litigation table to provide both the beginning and the experienced practitioner with the foundation to work successfully in the entire field of Equal Employment Opportunity (EEO) law.
The program runs 8:30 – 4:00 each day. 6 per day Monday – Thursday; 5 on Friday.
Become a certified EEO practitioner: EEOC Law Week participants are eligible for the FELTG Certified Practitioner Program.
Instructors
Ernest Hadley, Deborah Hopkins
Daily Agenda
Monday
Basic EEOC, Nuts & Bolts: The Basics – Statutory authority and jurisdiction of EEOC, theories of discrimination, overview of EEO process, amended and consolidated complaints; timeliness issues in the wake of the Supreme Court decisions in Morgan and Ledbetter.
Tuesday
Current Trends in EEO Law: The latest on what’s happening in EEO, hostile environment harassment, gender stereotyping, same-sex harassment sexual orientation and transgender discrimination, retaliation, national origin and religious discrimination.
Wednesday
Accommodating Individuals with Disabilities: The Rehabilitation Act, and the NEW Americans’ with Disabilities Act, the latest of revised ADA regulations, the new Genetic Information Nondiscrimination Act (GINA) regulations; defining individuals with a disability, major life activities and substantial limitation; essential job functions, the interactive process, types of reasonable accommodation.
Thursday
Damages & Remedies; Settlement: Overview of Equitable Remedies: back pay, front pay, reinstatement; non-pecuniary and pecuniary damages, past and future damages, damages offsets, the duty to mitigate damages, collateral sources and pre-existing conditions, multiple causations of harm, the eggshell complainant. Settlement processes and what constitutes a good written agreement; what to include and what not to include.
Friday
Selection, Promotion, & Mixed Cases – An In-Depth Look: “Mixed” cases; selection and promotion cases, subjective and objective criteria, the “best qualified” candidate, the “comparable” employee, defending against pretext;disciplinary overview; case law update.
Pricing
Most people attend the full training week, but you may opt out of any days you don’t plan to attend.
- 5 days = $2120
- 4 days = $1740
- 3 days = $1340
- 2 days = $950
- 1 day = $520
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 will not be refunded or given credit after the cancellation date on the registration form. No-shows will not be refunded or given credit toward future courses.
Instructor
Course Description
You’ve probably heard about the new Executive Orders, issued May 25, that significantly changed the civil service protections that have been in place for nearly four decades. You’ve probably also heard about the federal court decision on August 24, issued by D.C. District Court Judge Ketanji Jackson, that declared several provisions of those Executive Orders to be invalid.
So, as of today, what exactly are agencies and unions required to do under these Executive Orders, and what are they no longer allowed to do? The times are changing so fast, it can be a real challenge to keep up with the world of federal employment and labor law. But don’t worry, FELTG is here to help. Join William Wiley, attorney at law, on September 17 for a 60-minute discussion about the most important takeaways from this 120+ page legal decision.
Topics include:
- What the court said about agencies imposing a 25 percent cap on the use of official time, and the status of taxpayer-funded union time
- Whether agencies are allowed to charge union to rent space and equipment
- Whether union employees are allowed to take performance ratings or removals before an arbitrator
- Whether the court agreed that 30-day PIPs can be imposed on all agency employees
- The brand-new, never-seen-before requirement for “flexibility” in bargaining
- And much more!
You won’t want to miss this session. Register your site today.
Price
$225 per site
Teleworkers may be added to a main site registration for $25 each, on a space-available basis.
Instructor
Course Description
If you’ve been following the news lately, you’ve probably heard, “Fire the leakers” once or twice.
Listen up, folks: sometimes a “leaker” is an employee who engages in misconduct, and other times a “leaker” is a “whistleblower.” So when you hear that someone is firing “leakers,” keep in mind that there are good leakers and there are bad leakers, according to the law. Good leakers are whistleblowers who cannot be disciplined; bad leakers are civil servants who disclose information prohibited from disclosure by law and who can be fired. Do you know the difference? If not, you’d better learn quickly – and that’s what FELTG is here for.
Congress has provided whistleblowers with the highest level of protection from reprisal for disclosures of waste, fraud or abuse in the government. Join FELTG President William Wiley in September for a 90-minute webinar on this topic. After providing the statutory basis and explaining the civil service protections of the Whistleblower Protection Enhancement Act, he will discuss:
- The categories of protected disclosures
- How to handle disclosures that turn out to be false
- The appropriate avenues of protected disclosure
- What constitutes whistleblower reprisal – and how to avoid it
- How to know when you can discipline a leaker
- Evidence needed to discipline a whistleblower for misconduct unrelated to whistleblowing
You won’t want to miss this important session – and we’ll take all the questions you have on the topic. Register your site today.
Price
$270 per site
Teleworkers may be added to a main site registration for $25 each, on a space-available basis.
This class IS SOLD OUT. Now accepting registrations for March 25-29, 2019.
Updated to reflect the most current, relevant topics related to employees who aren’t at work, this week brings together everything involving one of the most complex areas of federal sector employment law: absences from the workplace. Topics include employee leave, leave abuse, and medical issues as they relate to unacceptable performance and conduct, sick leave, annual leave, leave without pay, absence without leave, FMLA, ADA, OWCP, and telework.
The program runs 8:30 – 4:00 each day.
Instructors
William Wiley, Deborah Hopkins, Barbara Haga, Katherine Atkinson, Meghan Droste
Daily Agenda:
Monday – Leave Use & Abuse Overview
Types of leave and leave entitlements, overviews of Family Medical Leave Act leave, Office of Workers Compensation Program absences and leave as a reasonable accommodation under the Americans with Disabilities Act, medical determinations, leave abuse, related offenses and controlling principles from case law.
Tuesday – Labor Relations & Other Leave
The impact of collective bargaining on leave-related issues, including negotiability of leave proposals, and relevant rulings of the Federal Labor Relations Authority and the Federal Service Impasses Panel; administrative leave; forced leave; funeral leave; military leave; miscellaneous leave scenarios.
Wednesday – FMLA Law & Policy
Federal sector FMLA basics, military family leave, serious health condition developments, medical certification issues, managing intermittent FMLA leave; discipline, FMLA and the under-performer; and employee notice issues.
Thursday – Reasonable Accommodation: Entitlements and Processes
The ADA Amendments Act; the reasonable accommodation process; the “regarded as” provision of the ADA; telework and leave as reasonable accommodation; religious accommodation.
Friday – Medical Documentation, Medical Requests and Record Confidentiality
How the ADAAA and GINA impact the collection of medical information; pre- and post-employment medical exams and inquiries; conditional employment offers; medical documentation requests; direct threat; conflicting regulations and contra court decisions.
Pricing
Most people attend the full training week, but you may opt out of any days you don’t plan to attend.
- 5 days = $2120
- 4 days = $1740
- 3 days = $1340
- 2 days = $950
- 1 day = $520
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 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.
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:
Wednesday
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.
Thursday
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.
Friday
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., 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 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.
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.
On May 25, the President issued three new executive orders that had a significant impact on federal labor relations. With orders regarding official time, negotiation timeframes, and union responsibilities to pay for things they never had to pay for before, this was the biggest change to rock the world of federal labor relations in years. And then in late August, a federal judge enjoined several parts of the EOs, stating they were illegal.
Where do things stand today?
While some major areas of federal labor law haven’t changed in almost 40 years, many changed a few weeks ago. Every labor attorney, human resource specialist, and union representative in government needs to have both a firm foundation in the historical perspective and precedence of FLRA decisions, as well as a strategy for taking advantage of any new approaches that are coming out of an ever-evolving Federal Labor Relations Authority. This training week, updated to reflect the current state of the law, does just that.
The program runs 8:30 – 4:00 each day.
Become a certified FLRA practitioner: FLRA Law Week participants are eligible for the FELTG Certified Practitioner Program.
Instructors
William Wiley, Deborah Hopkins, Joseph Schimansky
Daily Agenda
Monday
Basic Management and Employee Rights: An overview of the Federal Service Labor-Management Relations Statute; fundamental employee, union, and management rights; bargaining unit definition; the union organizer’s role; information requests; official time.
Tuesday
Meetings and Bargaining: More on official time, when is the agency obligated to invite a union rep into a formal discussion, the collective bargaining process, the three categories of bargaining, management rights and management maybe’s.
Wednesday
Unfair Labor Practices and Negotiability: What happens when the FLRA comes knocking; what subjects must be bargained, may not be bargained, and what subjects may be bargained at the agency’s discretion; the Federal Services Impasse Panel; negotiability appeals.
Thursday
Redress Alternatives and the Psychology of Bargaining: The interplay among grievances, appeals, MSPB, and EEOC; exceptions to arbitration awards; selecting a bargaining strategy; there are good ways and bad ways to implement bargaining and a lot of psychology is involved.
Friday
Two Bargaining Approaches and Arbitration Issues: Interest based bargaining as compared to hard ball bargaining, arbitration process overview, binding the arbitrator, how federal government arbitration is different from private sector arbitration and appeals, educating the arbitrator.
Pricing
Most people attend the full training week, but you may opt out of any days you don’t plan to attend.
- 5 days = $2120
- 4 days = $1740
- 3 days = $1340
- 2 days = $950
- 1 day = $520
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 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.
As an Employee Relations Specialist, you have a challenging job, and you never know just what personnel challenges might find a spot on your ever-increasing “to do” list.
This seminar starts by grounding the student in the laws, regulations and policies associated with job functions, and provides an explanation on how ER fits within the agency’s greater HR function. After the basics, we’ll dive in to a number of unique topics, which include (but definitely are not limited to) performance plans, standards and recognition; hours of work — including overtime and compensatory time; pay and RIFs; furloughs; handling specific disciplinary situations; leave – including types, accrual, FMLA, military leave and leave stacking; involuntary separations; dispute resolution; EAPs; medical issues and injury compensation; drug testing; plus basic EEO information – including disparate treatment, disparate impact and reasonable accommodation.
Daily sessions run from 8:30 a.m. to 4:30 p.m.
Instructor
Daily Agenda:
Monday
Introduction to Employee Relations: Functions, key terms and concepts; intersection of Employee Relations and Labor Relations; merit system principles; hours of work; modified schedules; overtime; types of leave.
Tuesday
Leave Administration: Introduction to Family and Medical Leave Act (FMLA); Medical documentation; military leave; administrative leave; performance management appraisal periods; monitoring performance; grievances and appeals; 432 actions.
Wednesday
Performance Issues & Introduction to EEO: Performance Plans; Performance measures; employee recognition; Employee Assistance Programs (EAPs); introduction to Equal Employment Opportunity (EEO): framework and disparate impact.
Thursday
Discipline Issues: Discipline Overview; Responsibilities of HR and supervisors; adverse actions; penalties; alternative discipline; standards of proof; harmful error; specific disciplinary situations; methods of dispute resolution.
Friday
Employee Relations Potpourri: Separations, Retirement; Involuntary Actions; Medical issues: qualification and documentations; reasonable accommodation; drug testing; roles and responsibilities of HR in the process.
Pricing
Most people attend the full training week, but you may opt out of any days you don’t plan to attend.
- 5 days = $2120
- 4 days = $1740
- 3 days = $1340
- 2 days = $950
- 1 day = $520
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 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.
This week focuses on conducting administrative investigations in the federal workplace with a focus on employee misconduct and harassment invstigations. 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, factfinding, 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.
Sessions run from 8:30 – 4:00 each day.
This program fulfills the requirements for 32-hour EEO Investigator training and 8-hour annual EEO investigator refresher training.
Instructors
Deborah Hopkins, Ann Boehm, Katherine Atkinson, Meghan Droste
Daily Agenda
Administrative Investigations: The Substantive Basis: Why investigate; discipline law and elements; understanding charges of misconduct; collecting penalty evidence; the law behind other types of administrative investigations; reprisal investigations.
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; witness rights; union representation; purpose of investigation; preparing for the investigation; role of the investigator; planning the investigation; beginning the interview; exercise.
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; medical information and investigations.
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.
- 5 days = $2120
- 4 days = $1740
- 3 days = $1340
- 2 days = $950
- 1 day = $520
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 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.
Instructors
William Wiley, Deborah Hopkins
Course Description
1
It’s that time of year again! And boy, do we have some new material, with the new executive orders on accountability and labor relations, plus several much-anticipated FLRA decisions bringing clarity to questions we’ve had for years.
Twice a year we update you with what’s new from the MSPB, EEOC and FLRA, and this one looks to be better than ever.
Join FELTG attorneys William Wiley and Deborah Hopkins as they combine forces for a fast-paced discussion on the most surprising, significant and groundbreaking recent decisions and trends from the MSPB, EEOC and FLRA. If you’ve attended a past edition, you know this is not your standard [“boring”] case law update, but an editorial discussion that not only informs you about current cases, but explains how they impact your daily work whether you’re a lawyer, or an HR, ER, LR or EEO practitioner.
Bill and Deb will share where we’ve been and where we’re headed with the trends and regulations that influence your workplace and the way issues are litigated in your agency or union. Plus, ask your questions and get answers in real time.
We’d love to tell you now about the cases and regulations that will be discussed, but that’s entirely up to the MSPB, EEOC and FLRA. Stay tuned!
Price
$270 per site
Teleworkers may be added to a main site registration for $25 each, on a space-available basis.
One of the biggest myths about federal employees is that it’s very difficult to hold them accountable. This five-day program will disprove that myth, while making lives much easier for the supervisors who attend. Our presenters will explain how to take defensible misconduct and performance actions quickly and fairly. And where else could supervisors learn the skills to manage in a unionized environment and to handle leave abuse, EEO complaints, and reasonable accommodation requests? Want more? Attendees will learn workplace management, communication, and leadership skills that will help when dealing with the most challenging situations and employees.
Supervisors who complete this training meet OPM’s mandatory training requirements for new supervisors found at 5 CFR 412.202(b).
The program runs 8:30 – 4:00 each day.
Instructors
William Wiley, Deborah Hopkins
Daily Agenda:
Monday
Uncivil Servant: Holding Employees Accountable for Performance and Conduct: Fundamentals of disciplinary actions and unacceptable performance actions; establishing rules of conduct; proving misconduct; selecting a defensible penalty; providing due process via agency discipline procedures; writing valid performance standards; implement a Performance Improvement Plan; removal for unacceptable performance in 31 days.
Tuesday
Supervising in a Unionized Environment: What every supervisor should know about federal labor unions; collective bargaining agreements; official time; LR meetings; an overview of the Federal Service Labor-Management Relations Statute; fundamental employee, union, and management rights; unfair labor practices; controlling official time; handling information requests.
Wednesday
Handling Employee Leave Issues: An overview of leave types and entitlements; annual leave; sick leave; AWOL and Leave Without Pay; FMLA crash course; medical certification requirements; substitution of paid leave; handling complicated leave issues.
Thursday
The Manager’s Role in EEO: The role of EEO in the federal government; defining protected categories: race, color, national origin, religion, sex, age, disability and reprisal; what to do if you’re a Responding Management Official in a complaint; EEO witness tips.
Friday
Essential Management and Communication Skills: Communicating effectively with employees; identifying your leadership style; managing a multigenerational workforce; handling difficult employees; managing a mobile workforce; mentorship.
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
Registered participants will receive a copy of the textbook UnCivil Servant, fourth edition, by Wiley and Hopkins.
Nearby hotel (walking distance): Towne Place Suites New Orleans Metairie
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.
Let’s face it: Being an Employee Relations Specialist is a tough job. It’s great to know the basics, but the basics don’t always help you when you’re facing those really challenging situations. That’s when you realize that there is much more to learn. No worries. FELTG is presenting Advanced Employee Relations, a three-day seminar focused on immersing you in the employee relations training you need most.
Held in lovely San Diego, CA, in February 2019, you’ll receive in-depth training on topics including leave, performance, misconduct, disability accommodation, and more. Plus, hands-on workshops will allow you to leave with the tools you’ll need to succeed. And it will all be taught by FELTG Senior Instructor Barbara Haga.
Great training. Great instructor. Great location. Register now.
The program runs 8:30 – 4:30 each day.
Instructor
Daily Agenda:
Tuesday
Leave and Attendance: Administering leave, with particular emphasis on sick leave, LWOP, and FMLA. Detailed review of sick leave provisions including authorized purposes for use of sick leave, limitations on use of sick leave for family care and bereavement, eligibility to use leave for care, notice requirements, acceptable documentation. Management actions to control use of leave and abuse of sick leave. Detailed review of FMLA provisions including eligibility to invoke FMLA, entitlement, coverage of family members, administration and notice requirements. Acceptable medical documentation under FMLA, definition of serious health condition. Substitution of paid leave. Discipline tied to FMLA. LWOP – when LWOP is mandatory, limits on granting LWOP, employee status while on extended LWOP. Other topics –issues related to annual leave and leave transfer, other leave entitlements.
Wednesday
Performance Management: Managing performance from system establishment to conducting annual appraisals to taking actions linked to performance. GEAR initiative and other efforts focused on modifying Federal performance management system. Requirements for performance plans, including design of agency systems, rating schemes, and procedures for conducting appraisals. Revised DOD performance system to be implemented in 2016. Linkage between appraisal and other personnel management decisions, including reduction-in-force and within-grade increases. Writing effective and measurable performance criteria that will withstand third-party review, including a workshop where participants will do an in-depth review of performance plans. Requirements for successful performance-based actions – from drafting a PIP notice that will withstand scrutiny to conducting a bona fide PIP to ensuring that due process is met in effecting an action on unacceptable performance.
Thursday
Misconduct and Other Related Issues: Implementation of a successful disciplinary program – delegation of authority, role of advisors, warnings and cautions, use of administrative leave. Nexus. Dealing with comparators in determining a penalty. Involuntary actions – resignations and retirements. Ordering and Offering medical examinations. Specific disciplinary situations: handling situations when an employee is unable to perform including excessive leave, disability retirement, separation disability; conduct unbecoming; misuse and technology-related misconduct; failure to meet conditions of employment.
Pricing
Early Bird Tuition (register by January 29):
- 3 days = $1370
- 2 days = $970
- 1 day = $530
Standard Tuition (register January 30 – February 14):
- 3 days = $1470
- 2 days = $1070
- 1 day = $630
Lodging
Contact the Sheraton San Diego Hotel & Marina directly at (619) 291-2900 to inquire about availability at the federal per diem 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.
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
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; 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
Early Bird Tuition (register by February 12):
- 3 days = $1380
- 2 days = $980
- 1 day = $540
Standard Tuition (register February 13 – February 28):
- 3 days = $1480
- 2 days = $1080
- 1 day = $640
Seminar registration includes a copy of the textbook UnCivil Servant: Holding Employees Accountable for Performance and Conduct, 4th ed., by Wiley and Hopkins.
Lodging
The Hilton Garden Inn – Bricktown has a limited number of rooms reserved for $119 a night. Please call the hotel directly at (405) 270-0588 and mention Federal Employment Law Training Group to receive the rate. Rooms must be reserved by January 26, 2019, to qualify for 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.
Instructor
Course Description
When we think about technology-related misconduct in the federal workplace, many of us think of the federal employee watching porn on his government computer. And there are certainly a number of cases involving pornography in the workplace. But federal employees have found many more ways to get in trouble with workplace technology, whether it’s running businesses from work, encouraging donations to political candidates using government computers, or simply wasting time on the Internet. And then there are teleworkers, who have their own unique tech issues.
In this 90-minute webinar, Barbara Haga will review relevant MSPB decisions on these topics, and discuss material on the defenses that employees have raised. She will identify the issues that should be addressed in technology policies, covering matters associated with telework and reasonable use of government equipment and systems.
While the near future of the Merit Systems Protection Board remains uncertain, Ms. Haga is staying on top of the situation and will provide attendees with the information they need to know.
Attendees will learn how to:
- Draft specific charges that deal with various types of technology-related misconduct
- Handle accommodation issues that come up in conjunction with technology matters
- Anticipate technology issues to coordinate with IT staffs to establish policies that clearly explain misuse
- Prepare supportable actions and ensure that union contract provisions support these policies
Price
Early Bird Tuition: $275 per site (registration submitted by February 15) Standard Tuition: $305 per site (registration submitted February 16 or later)
Teleworkers may be added to a main site registration for $35 each, on a space-available basis.