Litigation and Advocacy Training Courses

 

William Wiley addresses room of attendees

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


Jun
7
Tue
Webinar – Got Nexus? Accountability for Off-duty Conduct
Jun 7 @ 1:00 pm – 2:00 pm

Download Registration Form

Instructor

Bob Woods

Course Description

The borderline between on-duty and off-duty became blurred as of late with the omnipresence of social and media and many employees working from home. Yet, one thing has remained clear and constant: If you’re going to discipline someone for what they do on their own time, you need to show a nexus between the employee’s actions and their Federal job. FELTG Instructor Robert Woods will help you untangle your most challenging off-duty misconduct scenarios and illustrate the situations where the conduct is so egregious as to create a rebuttable presumption of nexus.

Attendees will learn how to:

  • Demonstrate nexus between the off-duty conduct and the efficiency of the service.
  • Understand how Douglas Factor Eight: Notoriety and Agency Reputation can create nexus.
  • Select an effective and defensible penalty for off-duty conduct.

Price

  • Early Bird Tuition: $270 per site, per webinar (payment required by May 27)
  • Standard Tuition: $295 per site, per webinar (payments made May 28 or later)

Teleworkers may be added to a main site registration for $50 per teleworker, on a space-available basis.

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.

Jun
28
Tue
Virtual Training Event – Managing Ongoing COVID-related EEO Challenges in the Federal Workplace
Jun 28 @ 1:00 pm – 4:30 pm

Download Individual Registration Form

President Biden’s Executive Order requiring all Federal employees to be vaccinated with no option for regular coronavirus testing to opt out of the mandate, will be back in effect as of May 31. What does this mean for employees who refuse to get vaccinated? Are there any religious exemptions that would allow employees to continue to work without vaccination? What about employees who cannot get vaccinated due to a disability – can agencies accommodate them?

Attorney Katherine Atkinson will not only share with you the latest guidance from the president’s EO, the EEOC and the CDC, but she will also explain how applying the basic EEO framework can answer the aforementioned and other puzzling EEO questions you may suddenly face. Because Ms. Atkinson will use a legal analysis to address these challenges, the answers and guidance you receive during this virtual training will be useful long after the coronavirus is gone.

Beyond the vaccination mandate, Ms. Atkinson will also help you answer the following questions and more:

  • How should agencies prioritize all the exemption requests that were on hold during the several months the EO was enjoined?
  • Is COVID-related harassment and reprisal illegal under the EEO statutes?
  • What documentation should agencies maintain to defend agains the complaints that will inevitably be filed?

Plus, you’ll have plenty of opportunities to ask questions about the unique problems you’re facing during these unprecedented times.

 

Learning takeaways

Attendees will learn how to determine:

  • Whether an unvaccinated employee creates an undue hardship to an agency’s operations in the religious accommodation context
  • How the undue hardship determination is different for an employee who requested accommodation due to a disability
  • How to spot pandemic-related retaliation that constitutes a legal violation

This program runs from 1:00 – 4:30 eastern, with a 30-minute break midway.

This program meets the President’s mandate to provide training on diversity, equity, inclusion and accessibility in the Federal workplace.

Price

  • Early Bird Tuition (register by June 13): $355
  • Standard Tuition (register June 14-28 or later): $395
  • Rates per registrant.
  • Want to register a group? Group discounts for 10 or more attendees are available through June 13. Contact FELTG.

 

Event FAQs

  • Can I attend Virtual Training from my government computer?
    • FELTG uses Zoom to broadcast 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. Group discounts are available through June 13. 

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.

 

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