FELTG News Flash
Sometimes, the news can't wait until our next FELTG Newsletter is published! Check out the latest news, case decisions and developments in the world of federal employment law below.Performance Isn’t About Can’t Do vs. Won’t Do
By William Wiley, September 7, 2021 Below is an email we received from a FELTG student, lightly edited for space and context, followed by our FELTG answer. Dear FELTG, I attended your MSPB Law Week in person last year just before everything was...
And Now a Word With … Ambassador Gina Abercrombie-Winstanley
By Dan Gephart, August 23, 2021 A year ago, the concept of “diversity training” was as welcome in the Federal workplace training as a squirrel at a dog park. But it’s now been almost seven months since President Joe Biden took office and immediately issued two...
Undoing the Last Four Years: Federal Circuit Clarifies the Burden of Proof in VA Discipline
By Deborah Hopkins, August 13, 2021 Over the last four years, the VA has enjoyed a lower burden of proof in taking disciplinary actions against employees covered by the VA Accountability and Whistleblower Protection Act, 38 USC 714. Indeed, Congress passed this law in...
And Now a Word With … FedUpward Podcaster Love Rutledge
By Dan Gephart, August 3, 2021 It’s unanimous here at FELTG. The headquarters team and our instructors are beyond tired of hearing the hackneyed tropes about bad Federal employees running amok. That’s why we teach courses like our flagship UnCivil Servant: Holding...
OPM Reentry Guidance Signals Further Acceptance, Expectation of Telework
By Dan Gephart, July 26, 2021 The telework paradigm shifted greatly during the pandemic and nowhere is that clearer than in the 38-page guidance the Office of Personnel Management released late last week. While titled “Additional Guidance on Post-Reentry Personnel...
Do You Know the Difference Between Willful and Intentional Misconduct? If Not, You’d Better Read This
By Deborah Hopkins, July 12, 2021 A few weeks ago, my colleague and FELTG Founding Father Bill Wiley drew my attention to a Federal Circuit decision that gave the Federal employment law world an important distinction in legal definitions. The case involved an IRS...
How is Your Agency Doing on the Federal Workplace Executive Order Task Deadlines?
By Deborah Hopkins, June 22, 2021 It’s now been five months since President Biden issued Executive Orders 13985 and 13988 – what we at FELTG are now referring to as the Diversity, Equity, Inclusion and Accessibility (DEIA) Executive Orders. If you paid close attention...
How is Kirkpatrick Act Discipline Different from Traditional Discipline?
By Deborah Hopkins, June 7, 2021 Last week, the MSPB released a research brief Agency Leader Responsibilities Related to Prohibited Personnel Practices. Since the MSPB still doesn’t have a quorum (1,613 days and over 3,400 Petitions For Review – and counting),...
Three Takeaways from the 2020 FEVS
By Deborah Hopkins, May 24, 2021 The 2020 FEVS was released a few days ago. Thanks to COVID-19, it looks somewhat different than past FEVS. But, as always, it is full of interesting and helpful information about how employees view their agencies, their supervisors,...
Two Words for MSPB AJs Mitigating Removals to Demotions: Please Stop
By William Wiley, May 3, 2021 President Biden recently nominated Cathy Harris as Chair of the Merit Systems Protection Board, and hopefully soon he will nominate two other individuals who will provide us with a full Board. And you can bet that on behalf of The Nation,...