Melville Johnson Blog

Recent Updates

Unauthorized Disclosures

There is oftentimes an unstated agreement between a federal agency and a federal employee that the federal employee will not disclose certain business matters conducted within the agency due to confidentiality. Many federal agencies include non-disclosure agreements within their hiring process to ensure they are legally protected. However, even with this proactive measure, an issue may arise.
Melville Johnson
April 9, 2020
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Conviction of a Misconduct Charge

There are many instances in which a federal employee is charged with misconduct of some sort, but may not be convicted. This happens more than many expect as the MSPB has implemented elements for specific charges to be sure that the federal agency proves with preponderant evidence that the federal employee has committed the offense.
Melville Johnson
April 9, 2020
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Theft by Conversion

When a federal employee working for a federal agency takes property that does not belong to them, they create a presumptive inference for most that the federal employee has committed theft. However, the MSPB has pointed out that it is important to consider the specific facts of the matter to determine the appropriate charge.
Melville Johnson
April 9, 2020
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Conflicts of Interest

The MSPB calls for all federal employees who work for a federal agency to maintain high standards of integrity, conduct, and concern for the public interest. An issue arises when a federal employee participates in different capacities which can present issues down the road in regards to fairness and morality in the federal employee’s business practices.
Melville Johnson
April 9, 2020
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Indebtedness and Refusal to Honor Financial Obligations

Federal employees may not be aware that employees of a federal agency are expected to satisfy in good faith their obligations as citizens, including all just financial obligation, especially those such as Federal, State or local taxes that are imposed by law. In good faith means an honest intention to fulfill any just financial obligation in a timely manner.
Melville Johnson
April 8, 2020
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Falsification, Misrepresentation, and Fraud

Like any other sector, federal agencies strictly prohibit falsification, misrepresentation, and fraud by its federal employees. It should be of no surprise that the MSPB has implemented strict rules in maintaining the integrity of a federal agency.
Melville Johnson
April 8, 2020
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Failure to Report an Offense, Status or Relationship

There may be a situation that arises where a federal employee is privy to information regarding inappropriate conduct within the federal agency. The MSPB has established a charge where the federal agency may charge the employee with a failure to report.
Melville Johnson
April 8, 2020
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Excessive Absenteeism Charge

A federal employee may find themselves in a situation where they will need to take an extended period of time off work from their federal agency. Reasons for this can vary, but it is important to note that a federal employee may be subjected to disciplinary actions by the federal agency even if their time off has been approved.
Melville Johnson
April 8, 2020
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Exhibits at the MSPB Hearing

A Federal Employee who appeals to the MSPB against a personnel action by a federal agency must be sure that their case is as strong as possible to show that the personnel action made by the federal agency was incorrect. At the hearing stage, the federal employee will need to use exhibits in order to prove his or her case.
Melville Johnson
April 8, 2020
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Final Agency Decision Overview

After you receive the Report of Investigation (“ROI”), you will have the chance to request the Final Agency Decision (“FAD”). The FAD asks that the Agency review your claims and issue a decision as to whether or not the Agency has discriminated against you. It is not often that the Agency finds against itself. In the issuing of the FAD, the Agency will set out the Agency’s own findings in making the decision.
Melville Johnson
April 7, 2020
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Misuse of a Federal Agency's Credit Card

The misuse of a federal agency issued credit card is considered a subset within the overall misuse of federal agency property by a federal employee. There are a wide variety of actions that can constitute the misuse of a federal agency credit card.
Melville Johnson
April 7, 2020
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Mistreatment of Subordinates Charge

Has your federal employer charged you with mistreatment of subordinates? The mistreatment generally consists of verbal abuse and humiliation of a subordinate. This charge usually relates to other charges that include: conduct unbecoming, reprisal, and abusive, offensive, indecent, disgraceful, disrespectful, insolent, or inflammatory statements.
Melville Johnson
April 7, 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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