Tag Archives: merit systems protection board

Federal Employee Computer and Internet Misuse

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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.

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Douglas Factor Mitigation for Federal Employees

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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

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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

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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

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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

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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.