February 2020 Federal Employment Law Training Group Newsletter
Step Two: A Grounded View
Last month I shared a photo of the Capitol building, taken from the top of the Washington Monument. This month I wanted to show you a different perspective – a view from inside the Capitol Rotunda, looking up 180 feet to the inside of a dome that’s recognized around the world. The painting on the ceiling (the Apotheosis) covers almost 4,300 square feet and contains a scene of the founding fathers sitting next to mythological characters while George Washington ascends into heaven. I always enjoy visiting the Capitol because it is where Congress debates the bills that become law, and there’s something incredible about being on the ground, in the place where that happens.
Speaking of the law, beginning March 3 FELTG is offering its famous webinar series for supervisors on all the laws – plus the regs, executive orders, best practices, and more – they need to know to effectively manage the federal workplace. Topics include performance, discipline, reasonable accommodation, leave, whistleblowing, harassment, and more. Early registration discounts are available until February 24, and this series meets OPM’s mandatory training requirements for supervisors at 5 CFR 412.202(b). Just one hour every two weeks is well worth the lessons learned.
It’s now time for the February 2020 newsletter. Look inside for articles on “informal” discipline, the Hatch Act, EEO, and more.
Enjoy,
Deborah J. Hopkins, FELTG President
You Can’t Be Halfway Pregnant, and Informal Discipline is Not a Thing
By Deborah Hopkins and William Wiley, February 19, 2020 Have you ever heard this saying: You can’t be halfway pregnant -- either you are, or you aren’t? There are a number of things in life that are all or nothing, with no halfway. Either it is, or it isn’t. One of...
The Good News – Don’t Worry, Be Jolly
By Ann Boehm, February 19, 2020 I know, I know. The Bobby McFerrin hit song was “Don’t Worry Be Happy,” not “Don’t Worry Be Jolly.” But I want to provide a way to make you remember one of my favorite Federal Circuit cases in recent years – Jolly v. Department of the...
A Valentine to Not Being Creative
By Meghan Droste, February 19, 2020 “Learn the rules like a pro, so you can break them like an artist.” – (Possibly) Pablo Picasso It's Valentine’s Day as I write this column for you, dear readers. And so it is with great love for my fellow practitioners, the EEO...
A New Goofus and Gallant Navigate the Hatch Act
By Dan Gephart, February 19, 2020 As a young child, I never dreaded a trip to the doctor’s office because that meant I would get my hands on an issue of Highlights for Children. I’d flip right past that boring Timbertoe family and dive into the latest adventures of...
Takeaways from MSPB’s FY 2019 Annual Report: Agencies Continue to Win Appeals, but Don’t Litigate Very Many Cases
By Deborah Hopkins, February 19, 2020 A couple of weeks ago, MSPB issued its Annual Report for FY 2019. This report is similar to a “State of the MSPB” document, which highlights the priorities, strategies, and numbers from the previous fiscal year. Because we have no...
The Supervisor Survival Series: Talk to Employees Regularly
February 19, 2020 This may seem obvious, but it’s worth stating: Supervisors and managers should have regular conversations with their employees throughout the appraisal year. In the course of those conversations, supervisors should provide feedback on the employee’s...
Standards that Actually Measure Performance – A Look at Whistleblower Protection
By Barbara Haga, February 19, 2020 Before I talk about requirements related to whistleblower protection and performance plans, I need to talk about the reason behind the Congress’ action in the Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017. The events...
Tips From the Other Side: February 2020
By Meghan Droste, February 19, 2020 When counseling clients on how to proceed in their cases, I recommend requesting a hearing rather than a Final Agency Decision (FAD) far more often than not. Why? Well, as I point out to my clients, a FAD is an agency deciding...