Melville Johnson Blog

Recent Updates

Inability to Perform (as a result of a medical condition)

There are several variables that come into play in determining whether a federal agency has shown by preponderant evidence a federal employee’s Inability to Perform (as a result of a medical condition). The federal agency must show that either: (1) the employee has a medical condition; (2) there are observed deficiencies in the employee’s performance or conduct; and (3) there is a nexus between the medical condition and the observed deficiencies OR (1) the employee has a medical condition; (2) the disabling condition itself is disqualifying; (3) its recurrence cannot be ruled out; and (4) the duties of the position are such that a recurrence would pose a reasonable probability of substantial harm.
Melville Johnson
April 2, 2020
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Mitigating Penalties for Federal Employees

Penalties issued by federal agencies can not only be detrimental to a federal employee’s current employment situation, but can also adversely affect their future employment opportunities. More often than not, instances of alleged misconduct issued by a federal agency will also be recorded in the employee’s personnel file.
Melville Johnson
April 2, 2020
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Failure to Follow Instructions

If you are a Federal Employee that has been charged with a Failure to Follow Instructions by your Federal Agency, the first thing that needs to be determined is whether the instructions you have been alleged to not have followed were clear. This means whether there was enough notice to the federal employee that some sort of action or inaction was expected of them.
Melville Johnson
April 2, 2020
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A Failure to Maintain a Condition of Employment

A Failure to Maintain a Condition of Employment charge by a Federal Agency is probably the clearest of the possible charges against a Federal Employee. When an employee’s position requires a license, certificate, or special status, the revocation or loss of any of these can be the basis for a charge against the federal employee.
Melville Johnson
April 2, 2020
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EEO’s Guidance During COVID-19 Pandemic

As a Federal Employee, you may be worried with how the on-going Coronavirus (“COVID-19”) pandemic affects your employment with a Federal Agency. The Americans with Disabilities Act (“ADA”) has established principles that could provide you with assistance and guidance in understanding your rights.
Melville Johnson
April 2, 2020
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Clean Record Settlements in MSPB Cases

Most disciplinary actions issued by a Federal Agency against a Federal Employee are placed into your personnel file indefinitely, which may have an adverse effect on future employment. This is why many federal employees, particularly if they have been removed, consider resolving their appeal by seeking an agreement with their federal agency to clear their employment record. This type of agreement may include what is known as a clean record settlement.
Mellville Johnson
April 2, 2020
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Off-Duty Misconduct

For a charge of Off-Duty Misconduct brought by a Federal Agency against a Federal Employee to be upheld, the Federal Agency must prove the following by preponderant evidence: (1) The federal employee was off duty; and (2) the federal employee engaged in conduct that was detrimental to the Agency.
Melville Johnson
April 2, 2020
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Challenging an Absent without Leave ("AWOL") Charge

An Absence without Leave (“AWOL”) charge alleges that a federal employee was absent from work without pay and permission. Challenging an Absence without Leave (“AWOL”) charge can be a very stressful process. The charge is very fact specific and can be detrimental to your current employment.
Melville Johnson
April 2, 2020
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A Misuse of Property Charge

For a Federal Agency’s issue of Misuse of Property charge to be upheld against a Federal Employee, the federal agency must establish the following elements with preponderant evidence: (1) The employee used (or removed or possessed) government property; and (2) The use (or removal or possession) was without authorization.
Melville Johnson
April 2, 2020
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Conduct Unbecoming a Federal Employee

Federal employees are often disciplined based on the charge of Conduct Unbecoming a Federal employee. We will explain the charge, and potential defenses that Federal employees can use when challenging the disciplinary action.
Shaun Yancey
March 23, 2020
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Final Agency Decisions

An overview of the Final Agency Decision Process
Yizhou Wei
March 20, 2020
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Formal EEO Process

Overview of the Formal Investigation Process
Yizhou Wei
March 20, 2020
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If you feel you've been the victim of unlawful discrimination involving MSPB claims or EEO claims, our experienced federal employment attorneys stand ready to fight on your behalf. Give us a call today at (404) 724-0000 or fill out the form below and we'll be sure to follow up in a timely manner.
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