Litigation and Advocacy Training Courses
FELTG offers a number of courses to enhance the knowledge and practical skills of those federal employees involved in litigation and hearings before the EEOC, MSPB, FLRA and in arbitration. From basic processes to the most advanced advocacy requirements, FELTG instructors deliver the content in practical, useful modules that provide the student with the tools needed to effectively practice employment law and represent the client when it matters most.
AD-1: Basic MSPB & EEOC Litigation (1 day)
This one-day course walks attendees through the legal theories of the MSPB and EEOC, as well as hearing formats and practices with guidance on witness preparation, evidence, pre-hearing submissions, opening and closing statements, and much more. This is a concise but thorough introduction for those new to the MSPB and EEOC processes.
Course Topics: Litigation timelines; timeliness; pre-hearing motions; discovery; hearing organization and structure; litigation strategies and techniques; writing documents for the MSPB and EEOC.
AD-2: Conducting Effective Discovery (1 day)
Discovery is your opportunity to obtain the information and documents that are critical to your case. But discovery is fraught with pitfalls. This session will cover everything you need to know about this critical stage of the litigation process.
Course Topics: Types of evidence; proper procedures for gathering evidence; interview techniques; deposition rules; dealing with difficult witnesses; witness rights to representation; management rights; union considerations; information requests.
AD-3: Hearings & Witness Preparation (1-2 days)
FELTG’s experienced instructors will methodically describe the keys of each step in prepping your case, whether it’s getting witnesses ready, developing the record, objecting to documents, preparing your lines of questioning, or closing statements. Learn how to prepare an engaging and effective case with FELTG, targeted to the appropriate forum.
Course Topics: Hearing types; examination and cross examination of witnesses; friendly and non-friendly witnesses; emotional witnesses; confrontational witnesses; documentary evidence; tangible physical evidence; credibility factors; prior bad acts; experts; forensic evidence.
AD-4: MSPB & EEOC Hearing Practices (3, 4 or 5 days)
This workshop-based seminar focuses on practicing effectively and successfully in administrative hearings involving federal employment law. Begin by preparing the case when assigned to a team that represents either the agency or the employee, get organized for the hearing, and learn the techniques of effective direct- and cross-examination. Try the case before an Administrative Judge and receive a critique along with the decision. Close out the program with an appreciation for the available appellate procedures.
Course Topics: Focus on practicing effectively and successfully in administrative hearings; preparing a case; getting organized for the hearing; techniques of effective direct and cross-examination; developing, preparing and trying the case. The four or five-day course culminates in a mock hearing.
AD-5: Writing for the Win: Legal Writing in Federal Sector EEO Cases
This workshop-based class covers the fundamentals of good legal writing, before the EEOC, and builds 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. Through the use of several in-class writing workshops, you will receive immediate feedback, analysis, and evaluation from FELTG’s experienced instructors. Be ready to write!
Course Topics: The basics: legal writing and citation formats; argumentative approaches; writing from the reader’s perspective; organizational logic; word choice and structure; legal terms; court structure; defining and distinguishing claims, defenses and issues; handling fragmentation issues; F-IRAC in federal sector writing; persuasion; educating the reader; analyzing evidence; organizing arguments; distinguishing cases; writing Letters of Acceptance/Dismissal; drafting legally enforceable settlement agreements; writing Final Agency Decisions; motion practice and summary judgment; writing an effective Motion for Summary Judgment; OFO briefs; EEOC appeals; editing your work.
AD-6: Drafting Legally-Sufficient Discipline & Performance Documents (1 day)
Yes, some federal managers lack the courage to take disciplinary action or to hold poor-performing employees accountable. But the full blame doesn’t lie solely with managers. Legal practitioners and advisors often demand more than is necessary from managers and make everyone’s job too difficult. In this one-day class, you’ll learn the legally-required necessary steps to drafting the most effective discipline and performance documents, and will learn how to streamline the processes in order to to take actions more efficiently.
Course Topics: The foundations of the civil service; accountability for misconduct; discipline fundamentals and nexus; major options to discipline; probationary employees; misconduct v. unacceptable performance; the five elements of discipline; the procedures of discipline and appeal; drafting proposal notices, decision letters, legal requirements for performance standards; Performance Demonstration Period implementation memos and proposal and decision letters.
AD-7: Recent Developments in Federal Sector Employment Law (1 day)
One case. One executive order. Either can immediately turn federal sector employment law upside down. This comprehensive daylong course will help ensure that you don’t make an embarrassing mistake simply because you weren’t paying attention. We’ll review recent notable cases and reports from all the third-party adjudicatory and legislative bodies, but more importantly, we’ll also provide with these updates the in-depth analysis you expect from FELTG’s seasoned instructors.
Course Topics: The very latest on the MSPB, EEOC, FLRA, OSC & OPM; new legislation; regulations; case law; Executive Orders; policy initiatives; recent trends
Upcoming Litigation and Advocacy Training Events
Course Description
Change happens in the world of Federal employee relations, and it often comes quickly. Those who succeed continuously sharpen their MSPB skills and refresh their knowledge. Those who don’t fall behind.
Fortunately, FELTG’s MSPB Law Week provides you with an all-encompassing week of training that offers the most effective guidance and up-to-date information available. During this engaging week of training, attendees will learn the legal requirements and best practices for disciplinary charges and penalties, understanding the law and strategy in handling performance cases, defending against whistleblower reprisal complaints, and much more.
Whether you’ve attended MSPB Law Week previously or not, you’ll leave with the foundational knowledge and cutting-edge strategies to deal with the challenges you’ll be facing in 2024. Plus, we’ll incorporate the very latest Board case law to give you an inside look at how this Board views performance and conduct issues. Join top MSPB practitioners and topic authors, and learn the law, strategies, and techniques from their many years of combined experience.
Daily Agenda
Monday, April 15
The Foundations of Accountability; Adverse Actions: Statutory basis including the Civil Service Reform Act, the Department of Veterans Affairs Accountability and Whistleblower Protection Act, the five elements of every disciplinary case and the burdens of proof, the fundamentals of penalty selection and defense, discipline procedures and appeals.
Tuesday, April 16
Disciplinary 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, April 17
Defensible 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, penalty mitigation; law enforcement officer discipline.
Thursday, April 18
Handling Unacceptable Performance: Performance actions in perspective, drafting a defensible performance standard, documenting and justifying your decision to put an employee on a Performance Demonstrating Period (DPs, formerly known as PIPs), implementing DPs, defeating the DP rollercoaster; the proof needed to take a performance-based action; removing a poor performer in 31 days.
Friday, April 19
Defending Against Whistleblower Reprisal Claims and other Affirmative Defenses: Whistleblower claims: protected disclosures and whistleblower reprisal, claims of harmful error, reprisal for union activity, excessive penalty findings.
Date and Time
April 15-19, 2024
12:30 – 4:30 pm ET each day (with a 30-minute break)
Instructors
Deborah Hopkins, Ann Boehm, Bob Woods
Registration
Download Individual Registration Form
Pricing
Most people attend the full training week, but you may opt out of any days you don’t plan to attend.
Early Bird Tuition (register by March 16):
- 5 days = $1740
- 4 days = $1505
- 3 days = $1130
- 2 days = $855
- 1 day = $525
Standard Tuition (register March 17 and later):
- 5 days = $1840
- 4 days = $1605
- 3 days = $1230
- 2 days = $955
- 1 day = $625
Seminar registration includes a copy of the textbook UnCivil Servant: Holding Employees Accountable for Performance and Conduct, 5th ed., by Wiley and Hopkins. In order to receive your copy of the textbook by the training date, please register by March 29 and provide a shipping address in the designated space on the registration form.
Event FAQs
- Can I attend Virtual Training from my government computer?
- FELTG uses Zoom for this Virtual Training Institute event. Many government computers and systems allow Zoom access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
- Can I earn CLE credits for this class?
- CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees. If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
- Can I share my access link with co-workers?
- No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
- Can I register a teleworker?
- This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
- How do I receive a group rate discount?
- Group rates are available for agencies registering 10 or more individuals for the full event. Group discounts are available through March 16.
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.
Event Description
FELTG’s annual Emerging Issues in Federal Employment Law has a simple mission — to ensure the Federal workplace is accountable, that it looks more like the America it serves, and that you have all of the necessary tools to make this happen. Whether you’re an HR professional, attorney, supervisor, advisor, or an EEO or ER/LR specialist, you’ll find useful guidance in multiple events this week.
This year’s Emerging Issues in Federal Employment Law aims to help you succeed in the the Federal workplace circa 2024. We’ll guide you through the ever-changing law, share the steps for succeeding with up-and-down performers, provide guidance on how to make your team more resilient, offer tips for ensuring equity in hiring, and much more.
With 7 unique sessions over 4 days, FELTG’s Emerging Issues in Federal Employment Law offers an opportunity to receive guidance with a fresh perspective. And many sessions offer opportunities to pick up CLE or EEO refresher credits.
Emerging Issues in Federal Employment Law provides benefits you just can’t get from online virtual training providers. You can register for any of the sessions individually, or you can register for the whole program. Also, the training is presented LIVE by FELTG’s experienced and respected instructors, who will answer your questions, so you get answers in real time. Don’t put off getting the important training you need.
Download Individual Registration Form
This program meets the President’s mandate to provide training on diversity, equity, inclusion and accessibility in the Federal workplace.
Download Individual Registration Form
Monday, April 22, 2024
Session 1
2 – 4 pm ET
What They’re Saying: MSPB, EEOC, and FLRA Case Law Update
Presented by Ann Boehm, Attorney at Law, FELTG Instructor
Course description: FELTG’s annual Emerging Issues Conference kicks off with a two-hour dive into the most significant caselaw coming out of the Merit Systems Protection Board (MSPB), the Equal Employment Opportunity Commission (EEOC), the Federal Labor Relations Authority (FLRA), and the Federal Circuit. These Federal employment law cases impact your day-to-day work, so join us and learn how to ensure a discrimination-free workplace and take effective action on performance and conduct that will hold up to third-party scrutiny. Earn 2 CLE credits. 
1
Course objectives
Attendees will learn how to:
- Evaluate the significance of the recent case decisions in Federal employment law.
- Avoid mistakes in performance and conduct actions.
- Identify and immediately address potential discrimination.
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Tuesday, April 23, 2024
Session 2
11 am – 1 pm ET
What Exactly is Undue Hardship Anymore?
Presented by Bob Woods, Attorney at Law, FELTG Instructor
Course Description:The Supreme Court upended decades of precedent in its unanimous decision Groff v. DeJoy. This is a big change for the concept of undue hardship in religious accommodation, experts say. But is it really? And how does it differ when it comes to reasonable accommodations for disability or pregnancy? Mr. Woods will deconstruct the distinctions between accommodations and explain the legal ramifications of each. Earn 2 CLE credits.
Course objectives
Attendees will learn how to:
- Understand how an agency can prove undue hardship – and how it cannot.
- Describe the differences between undue hardship for religious, disability, and pregnancy accommodations.
- Handle employees’ requests to be excused from performing certain job tasks because of religious reasons.
Session 3
2 – 4 pm ET
Driving Resilience and Mental Wellbeing in the Federal Workplace
Presented by Shana Palmieri, LCSW, FELTG Instructor
Course Description: A successful team is one that can handle unexpected and stressful situations. How do you build that kind of resilience among your employees? Ms. Palmieri will explain the importance of mental wellbeing in the workplace as well as how to manage toxic and other difficult employees who derail team success.
Course objectives
Attendees will learn how to:
- Understand mental well-being in the workplace.
- Reduce toxic dynamics.
- Implement strategies to retain and attract a high-functioning team.
Wednesday, April 24, 2024
Session 4
11 am – 1 pm ET
Equity in Hiring
Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor
Course Description: This session will provide step-by-step guide for ensuring fair treatment and nondiscrimination in every phase of your hiring process, from developing selection criteria, through recruitment and all the way to the conditional offer, with a special focus on structured interviews that are fair, equitable, and nondiscriminatory. You will leave this class with the keys and tools for creating a well-qualified workforce, while avoiding the mistakes that have befallen many other agencies. Plus, you’ll learn how to best defend against allegations of discriminatory hiring. Earn 2 CLE credits. 2
Course objectives
Attendees will learn how to:
- Conduct effective and equitable structured interviews.
- Identify problematic interview questions.
- Recognize bias in the hiring process.
Session 5
2 – 4 pm ET
Engagement to Motivation — the FEVS and Beyond
Presented by Susan Schneider, EdM, MS, FELTG Instructor
Course description: Employee Engagement (EE) is vital to meet today’s challenges in the Federal workplace. Each year, agencies receive an EE score, based upon a survey done months before. The data is limited, particularly for regulatory organizations in the spotlight. This course describes the limitations of the EE score and examines the link between engagement, motivation, and leveraging employees’ strengths. Participants will explore realistic strategies for increasing engagement and creating tailored, timely measures of EE.
Course objectives
Attendees will learn how to:
- Develop a deeper understanding of engagement and motivation.
- Explain the limitations of FEVS’ measurement of employee engagement.
- Create realistic strategies for increasing engagement, including opportunities for employees to use their strengths.
- Produce tailored and timely measures of engagement.
Thursday, April 25, 2024
Session 6
11 am – 1 pm
Say Whaaat?!? Respectful Communication in the Workplace
Presented by Roslyn Brown, President/CEO at EEO Workplace Strategies
Course description: Subtle and overt language, joking, off-handed comments, and offensive comments and gestures can lead to a hostile work environment. And that includes ill-advised, even if not ill-intentioned, phrases such as “hold down the fort” and “low man on the totem pole.” Being a respectful communicator means more than just not offending anyone, it also means taking preventive measures to tailor your communication to avoid misunderstandings, irrespective of the cultural and ethnic differences that we all bring into the workplace. Roslyn Brown will not only explain why certain phrases are troublesome but show you what to do when something offensive is said. 2
Course objectives
Attendees will learn how to:
- Recognize cultural expressions that are offensive to people in protected classes.
- Explain the importance of a respectful workplace in complying with the Executive Order on Promoting Diversity, Equity, Inclusion and Accessibility in the Federal workplace.
- Intervene effectively when offensive comments are made in the workplace.
Session 7
2 – 4 pm ET
Managing Chronic Performance and Conduct Issues
Presented by Deborah Hopkins, Attorney at Law, FELTG President
Course description: Whether it’s up-and-down roller coaster performers or repeat offenders of misconduct, chronically challenging employees eat up time, create workplace stress, and dampen productivity. And it will only get worse until you address the issue. FELTG President Deborah J. Hopkins will share the tools necessary to address performance issues and lay the groundwork for progressive discipline. Attendees will leave with the confidence to swiftly address poor-performing and misbehaving employees.
Course objectives
Attendees will learn how to:
- Differentiate between performance problems and misconduct.
- Manage an employee’s wide swings of performance.
- Effectively apply progressive discipline.
Registration
Download Individual Registration Form
Price
- Early Bird Tuition (register by March 22):
- Per Session = $345
- April 22-25 All Access = $1995
- Standard Tuition (register March 23-April 25)
- Per Session = $385
- April 22-25 All Access = $2295
- Rates per registrant and may not be used for groups under any circumstances. No split registrations.
Event FAQs
- Can I attend Virtual Training from my government computer?
- FELTG uses Zoom to broadcast its Virtual Training Institute events. Many government computers and systems allow Zoom access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
- How do I claim CLE or EEO refresher credits?
- This program has been submitted (and we anticipate this program will be approved) for Virginia CLE credits. Members of other state bars must submit for CLE credit on their own, and may use the materials provided by FELTG in submissions. Attendees may also request a certificate of completion which will contain the number of training hours attended, and will designate how many EEO refresher hours were earned.
- Can I get HRCI credits for attending this class?
- Each session is approved for 2 hours of HRCI general recertification credit. The HRCI course numbers will be available upon the conclusion of the training.
- Can I share my access link with co-workers?
- No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
- Can I register a teleworker?
- This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
- How do I receive a group rate discount?
- Group rates are available for agencies registering 10 or more individuals for the full event. Group discounts are available through March 22.
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.