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


Sep
28
Wed
Virtual Training Event – Setting the Bar: Advancing Diversity, Equity, Inclusion and Accessibility for FY 2023
Sep 28 @ 1:00 pm – 4:30 pm

Download Individual Registration Form

When President Biden took office, he issued a flurry of Executive Orders that made it clear diversity, equity, inclusion, and accessibility (DEIA) are priorities in the Federal Workplace.

It’s now 20 months later: Have you done anything to advance DEIA at your agency? And, if so, what were the results?

In this half-day training, FELTG Instructor and Attorney at Law Katherine Atkinson will provide the foundation you need to jumpstart your DEIA efforts or take them to the next level. After an overview of civil rights law, Ms. Atkinson will share everything you need to know to foster DEIA at your agency, including:

  • What the EO says about agency obligations to underserved communities
  • What you should know about preventing and correcting harassment and discrimination in the workplace
  • Ensuring adherence to the Merit Systems principles, especially as they apply to the hiring process
  • Why and how some agencies are focusing on the concept of belonging
  • What microaggressions look like
  • How to determine your own implicit biases

Plus, you’ll have plenty of opportunities to ask questions about the unique problems you’re facing during these unprecedented times. The training will take place from 1 – 4:30 pm ET with a 30-minute break midway.

Learning objectives:

  • Identify the laws, regulations and Executive Orders that require your agency to promote DEIA in the workplace
  • Understand legally problematic selection processes and learn remedies to overcome the imbalance
  • Overcome the tendency to exhibit microaggressions in the workplace

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 September 13): $355
  • Standard Tuition (September 14 or later): $395
  • Rates per registrant.
  • Want to register a group? Group discounts for 10 or more attendees are available through September 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 September 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.

Sep
29
Thu
Webinar – The Role of the Douglas Factors in Arbitration
Sep 29 @ 2:00 pm – 3:00 pm

Download Registration Form

Course Description

When faced with a case involving appealable adverse actions, an arbitrator must apply the same substantive standards as the Merit Systems Protection Board. The arbitrator must decide whether discipline was appropriate, and also assess whether the agency considered the relevant factors in determining the penalty. Just like an MSPB judge, the arbitrator has the authority to mitigate the penalty if it is outside the bounds of reasonableness. In this 60-minute webinar, Joe Schimansky will explain how the Douglas Factors came about and provide a detailed look at the role those factors play in the arbitration process.

Attendees will learn how to:

  • Identify all 12 Douglas Factors.
  • Determine whether the Douglas Factors have been appropriately considered.
  • Explain how the factors apply in the circumstances of a particular case, and how to educate the arbitrator who may be unfamiliar with the Douglas framework.

Instructor

Joseph Schimansky

Date and Time

Thursday, September 29, 2:00 – 3:00 ET

Price

  • Early Bird Tuition: $270 per site, per webinar (payment required by September 19)
  • Standard Tuition: $295 per site, per webinar (payments made September 20 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.

 

Subscribe to our monthly newsletter


Pin It on Pinterest

Share This