Selecting a Defensible Penalty for Misconduct: Getting it Right the First Time


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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

Attorneys and HR practitioners alike will want to make plans to view this recording.




William Wiley

Additional information


DVD, Zip Drive

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