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, or 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


Sep
3
Thu
Webinar Series – Navigating Challenges in Federal Labor Relations
Sep 3 @ 1:00 pm – 2:00 pm

Download Registration Form

Instructor

Joseph Schimansky

Series Description

Join FELTG Instructor Joe Schimansky for this two-part webinar series on the timely and challenging federal labor relation topics your agency is facing. A new era of federal LR was ushered in with President Trump’s three executive orders, which cleared court review in 2019. Mr. Schimansky will explain how the EOs and FLRA case law have changed negotiations over the past few months, and he’ll share new bargaining strategies that have emerged in the current climate.

But first, the webinar series will kick off with an explanation of the union’s right to be involved in discussions. You’ll learn when meetings become formal discussions or Weingarten meetings, and what to do when an employee requests union representation.

Sessions will be held on Thursdays from 1:00 – 2:00 p.m. ET.

  • September 3, 2020 – Meeting Your Responsibility When Discussions Become Formal: Union rights and responsibilities; management obligations; what a union rep can and cannot do during a formal discussion; what constitutes a reasonable belief the discipline may occur; EEO-related meetings.
  • September 17, 2020 – The Changing World of Federal Sector Negotiations: Bargaining obligations; status quo; permissive bargaining; conditions of employment vs. working conditions; the Trump Executive Orders; three categories of bargaining

Price

  • Early Bird Tuition: $240 per site, per webinar (payment required by August 24)
  • Standard Tuition: $270 per site, per webinar (payments made August 24-September 17)
  • Register for both webinars by August 24 and pay only $470!

Teleworkers may be added to a main site registration for $40 per teleworker, on a space-available basis.

Sep
17
Thu
Webinar Series – Navigating Challenges in Federal Labor Relations
Sep 17 @ 1:00 pm – 2:00 pm

Download Registration Form

Instructor

Joseph Schimansky

Series Description

Join FELTG Instructor Joe Schimansky for this two-part webinar series on the timely and challenging federal labor relation topics your agency is facing. A new era of federal LR was ushered in with President Trump’s three executive orders, which cleared court review in 2019. Mr. Schimansky will explain how the EOs and FLRA case law have changed negotiations over the past few months, and he’ll share new bargaining strategies that have emerged in the current climate.

But first, the webinar series will kick off with an explanation of the union’s right to be involved in discussions. You’ll learn when meetings become formal discussions or Weingarten meetings, and what to do when an employee requests union representation.

Sessions will be held on Thursdays from 1:00 – 2:00 p.m. ET.

  • September 3, 2020 – Meeting Your Responsibility When Discussions Become Formal: Union rights and responsibilities; management obligations; what a union rep can and cannot do during a formal discussion; what constitutes a reasonable belief the discipline may occur; EEO-related meetings.
  • September 17, 2020 – The Changing World of Federal Sector Negotiations: Bargaining obligations; status quo; permissive bargaining; conditions of employment vs. working conditions; the Trump Executive Orders; three categories of bargaining

Price

  • Early Bird Tuition: $240 per site, per webinar (payment required by August 24)
  • Standard Tuition: $270 per site, per webinar (payments made August 24-September 17)
  • Register for both webinars by August 24 and pay only $470!

Teleworkers may be added to a main site registration for $40 per teleworker, on a space-available basis.

 

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