Melville Johnson Blog

Recent Updates

Reassignment and Refusal to Report

When a Federal Agency decides to reassign a federal employee, the reaction is usually mixed. Many times the employee is excited for the new opportunity. Often times this gives the employee a chance to gain more experience. However, some reactions may not be as positive. Sometimes the employee may voice their concerns about the reassignment. Other times, they may flat out refuse to accept the reassignment.
Melville Johnson
April 16, 2020
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Patient Abuse

Abuse within the special care system has become a significant problem over the years. Widespread reports of mistreatment and neglect have made family members of the elderly and chronically ill hesitant about admitting their loved ones into personal care facilities. The MSPB has put charges in place that hold those who commit these acts accountable.
Melville Johnson
April 16, 2020
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Loss or Denial of Security Clearance

A federal agency giving a federal employee access to sensitive information requires great caution. Any breach regarding the sensitive information could not only hurt the agency, but also national security and safety.
Melville Johnson
April 16, 2020
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Refusal to Cooperate in Agency Investigation

The Federal Agency proves this charge against a Federal Employee with preponderant evidence, by establishing the following elements: (1) the employee was notified of the investigation; (2) the employee engaged in conduct constituting refusal or failure to corporate; and the refusal or failure was without cause.
Melville Johnson
April 16, 2020
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Mandatory Removal Charges

A federal agency’s issuing of mandatory removals for federal employees depends on the type of agency, and the offenses listed under the rule by statute. Agencies usually have lists of mandatory removal charges in their agency policy handbook.
Melville Johnson
April 16, 2020
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Theft Charges

A theft charge brought by a federal agency against a federal employee can be based upon a specific statute, as opposed to the common law definition of theft. An agency must establish both that the appellant intended to permanently deprive another of property and that he or she had criminal intent in doing so.
Melville Johnson
April 10, 2020
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Making a Threat

When a federal agency issues a charge on the basis of a federal employee making a threat, there are several factors that are familiar to most in regards to intent and the effect on the person in which the comment was directed toward, and how they actually felt when they heard the comment.
Melville Johnson
April 10, 2020
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Sexual Harassment

Sexual Harassment within the workplace is one of the most common occurrences. Unfortunately, the majority of these incidents go unreported. Many times society places blame on the victim rather than the wrongdoer. However, the MSPB has established broad evidence to push for more focus on the wrongdoer’s actions rather than the actions of the victim.
Melville Johnson
April 10, 2020
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Mistreatment of Mail

Certain kinds of federal agencies may be more susceptible to certain types of charges than others. For example, the United States Postal Service may see many charges for the mistreatment of mail for obvious reasons.
Melville
April 10, 2020
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Interfering with Agency Investigation

It is very important that investigations within a federal agency are handled appropriately, and there is no interference. When a federal employee is charged with interfering with an agency investigation, serious consequences may arise.
Melville Johnson
April 10, 2020
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Embezzlement

This charge does not occur very often within federal agencies in regards to actions by federal employees, however when they do occur, the situation can be quite serious. Sometimes agencies defer to other charges instead such as theft or related offenses. However, this deferment may be inaccurate and could be problematic for the federal employee if convicted since there are different elements for each charge.
Melville Johnson
April 9, 2020
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Drugs: Possession or Use

Federal agencies are no different than other agencies when they prohibit federal employees from taking controlled substances, most whether on or off the clock. It has been proven time and time again that drug use negatively impacts work performance as well as morale. Therefore, it should be understandable why the MSPB has enforced such strict regulations.
Melville Johnson
April 9, 2020
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