August 2016 Federal Employment Law Training Group Newsletter

smileEvery now and then I’m reminded of some of the craziness that gets filed by appellants on appeal to MSPB. This one made me laugh out loud. Buried down deep in the routine detritus of a decision where the Board says it considered everything in making its decision in Jones v. HHS, DE-3330-14-0427-I-1 (2015)(NP), I noted the following line:

We have considered the remaining arguments raised by the appellant on review including, but not limited to, his analysis of “The Odyssey” by Homer.

Bet you never thought about attaching one of your college term papers your petition for review, did you?

And speaking of fun at the Board, a belated congratulations to all those Board employees who got an extra four hours of administrative leave earlier this year.  If I understand correctly, that was award to you (in the face of all those nasty Congressional concerns about the use of admin leave) not based on any increase in productivity, but because you reported how happy you are working at MSPB.  Just a thought, but perhaps next survey time, report that you are thrilled! Maybe get eight hours off with pay.

Love you guys-

Bill Signature

A FELTG Offer You Should Consider Seriously

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Transgender Discrimination on Agency Premises is a No-no

By Deborah Hopkins I taught a webinar a few weeks ago and covered a case that created quite a bit of conversation, and even some debate. Deryn Sumner wrote about this particular case in the FELTG newsletter a few months ago, but since not everyone had a chance to read...

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A Refinement in the Due Process Dilemma

By William Wiley By now, we all know the problem. To satisfy the Constitutional mandate for due process, the Deciding Official in a proposed removal should not rely on anything not in the proposal notice or the employee’s response to the proposal. Violate due process,...

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Employee Participation in Employee Assistance Programs

By Barbara Haga We recently had an inquiry from a reader about whether there is ever a time when a supervisor could legally direct an employee to seek Employee Assistance Program (EAP) services.  This brought up a number of issues and considerations that seemed like a...

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