Defending Federal Employees in PIP cases

By John V. Berry, Esq., www.berrylegal.com

It is important that federal employees faced with a performance improvement plan (PIP) consult an attorney as soon as possible. The longer that a federal employee goes forward in the performance improvement process, without legal representation, the more difficult it may be for an attorney to assist that individual later in the process. When federal employees fall below expected standards, they may be placed on a PIP. A PIP usually begins following a poor performance rating.

Performance Improvement Plans

The use of a Performance Improvement Plan (PIP) is typically the beginning of the removal or demotion process for a federal employee. It is common practice for federal employees to be initially told that placement on a PIP is designed as a positive benefit to them and necessary to make them better performers. Managers sometimes even promise employees that they will be given special assistance to ensure that they are successful during their PIP periods, only to later find themselves facing a potential removal a few months later.

This article discusses federal employee concerns when PIPs become an issue. Please continue reading on the next page.

Defending Federal Employees in Disciplinary Cases

By John V. Berry, Esq., www.berrylegal.com

Our law firm represents federal employees in proposed disciplinary cases. This article discusses the response process for federal employees when they received a proposed disciplinary or adverse action.

Types of Proposed Disciplinary and Adverse Actions

Most proposed disciplinary or adverse actions for federal employees are of two types: (1) proposed suspensions or demotions; and (2) proposed removals. Depending on the type of proposed disciplinary action, a federal employee can have varying legal defenses. Click to the next page to see a description of the response process.

Federal Employee Computer and Internet Misuse

By John V. Berry, Esq., www.berrylegal.com

Federal employee use of government computers and workplace internet is fairly common at federal agencies. As a result, there are many times when federal employees get into disciplinary trouble involving their use of workplace computers or the internet. It is generally advised that federal employees avoid using federal agency computers and/or workplace internet, even where permitted, wherever possible. Many future problems can be avoided by taking this approach.

The most frequent problems that arise for federal employees in this area involve: (1) watching extended entertainment programs (Neltfix, Hulu, etc.); (2) excessive social media usage (Facebook, Twitter, Instagram); (3) gaming at work; and (4) watching, sending or receiving sexually explicit materials. There are any other number of examples which could run afoul of individual federal agency policies. While a number of federal agencies have adopted personal usage policies, many federal employees have not been given full training in this area and may run into potential disciplinary problems.  

This article discusses some of the more common issues. Please continue below to read the article.

Douglas Factor Mitigation for Federal Employees

By John V. Berry, Esq., www.berrylegal.com

There are two parts to a federal employee’s disciplinary case: (1) whether the federal employee committed the offense charged; and (2) if they committed the offense, what should the penalty be? One of the most significant issues in defending a federal employee in disciplinary cases involves arguing for mitigation of the penalty in a disciplinary case.  Arguing for mitigation generally means that we argue for the application of the Douglas Factors in attempting to mitigate (or reduce) disciplinary penalties issued in a case.

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The MSPB Appeals Process for Federal Employees

By John V. Berry, Esq., www.berrylegal.com

We represent federal employees in Merit Systems Protection Board (MSPB) appeals. In other articles we go into more depth about various individual aspects of the MSPB appeals process, but this article focuses on a general summary of what to expect during the MSPB appeals process. There are sometimes some differences between appeals, but for the most part the major parts of the appeals process follow below.MSPB Appeal Logo Continue reading

Constructive Discharge for Federal Employees

By John V. Berry, Esq., www.berrylegal.com

In the course of discrimination and termination cases involving federal employees, we are often asked about the concept of constructive discharge, also known as constructive termination or removal. Many federal employees ask what a constructive discharge or constructive removal is and whether it may apply to their case. The best way to describe a constructive discharge claim is as follows: a constructive discharge is a forced resignation or retirement by involuntary means.Constructive Discharge

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Suitability Appeals for Federal Employees & Applicants

By John V. Berry, Esq., www.berrylegal.com 

We often represent federal employees and applicants in suitability responses and appeals. Suitability involves an investigation and review into an federal employee’s background or fitness for employment. Suitability basically concerns a federal agency’s review of an individual’s “character or conduct that may have an impact on the integrity or efficiency of the service.” I have attached a Sample Suitability Letter for reference.

suitability-letter

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Federal Employee Law Blog Begins

 

By John V. Berry, Esq., www.berrylegal.com

Berry & Berry, PLLC, attorneys specializing in federal employment law matters before the Merit Systems Protection Board, the Equal Employment Opportunity Commission, the Defense Office of Hearings and Appeals, the Office of Special Counsel, and many other federal administrative agencies are proud to announce their new blog, which provides information on various areas of interest to federal employees.