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Indefinite Suspensions
An indefinite suspension is where an employee is placed on a temporary status without duties and pay pending an investigation, inquiry, or further agency action that only ends after an investigation, inquiry, or other agency action. An indefinite suspension that lasts more than fourteen (14) days is appealable to the Merit Systems Protection Board (“MSPB”).
December 28, 2020
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Sexual Orientation Discrimination as a Form of Gender Discrimination
For decades since the passage of Title VII of the Civil Rights Act of 1964, discrimination on the basis of sexual orientation was not considered a form of sex or gender discrimination. This unfortunately left many individuals, particularly lesbian, gay, bisexual, and transgender individuals open to discrimination and harassment in the workplace, including at federal agencies.
December 28, 2020
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How to Stop OPM from Robbing the MSPB of Jurisdiction
So you have decided to appeal an unfavorable decision from the Office of Personal Management (“OPM”) to the Merit Systems Protection Board (“MSPB”), when OPM rescinds its final decision and moves that the MSPB dismiss your appeal for lack of jurisdiction to make you start over again.
December 28, 2020
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The Consequences of Wrongful Classifications
As is the case with private-sector employees, federal employees can be misclassified. This occurs more often in the federal sector than you would think, but takes a different and more complex form than in the private sector. Misclassification can have major ramifications for pay, benefits, and career advancement within the federal government.
December 28, 2020
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Abusive, Offensive, Indecent, Disgraceful, Disrespectful, Insolent, or Inflammatory Language Charge
In order to prove the Charge of Abusive, Offensive, Indecent, Disgraceful, Disrespectful, Insolent, or Inflammatory Language at the Merit Systems Protection Board (“MSPB”), an agency must prove by preponderance of evidence that the employee: (1) made certain comments; and (2) the comments were abusive, insolent, or offensive.
December 28, 2020
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Reprisal (for Whistleblowing)
This charge is usually brought against a supervisor or a manager at a federal agency for taking retaliatory actions against an employee because the employee previously made a protected disclosure. Such a charge can be brought on individually, by the Office of Special Counsel (OSC) or by a Federal Agency.
October 29, 2020
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Government Vehicle or Government Leased Vehicle, Willful Misuse
For this charge, an agency is alleging that an employee misused a government-owned, or government-leased vehicle
October 29, 2020
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Failure to Register with Selective Services
Registering with the Selective Services System is the law and failure to do so can mean a wide range of consequences and can also threaten your federal employment. For employees who are required to register, but do not, a federal agency can remove said employee for Failure to Register with Selective Services System.
October 29, 2020
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Assault, Battery, and Fighting
Assault and Battery are instances of unlawful touching or threatening of another, which is without justification or excuse. However, it is important to note that Assault and Battery are different concepts, as Battery requires physical contact of some sort, while Assault is committed without physical contact. Typically, these offenses require an intent to commit bodily harm.
October 29, 2020
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Engaging in a Prohibited Relationship
The charge of Engaging in a Prohibited Relationship is similar to the Conflict of Interesting charge. Generally, this charge concerns a consensual involvement between an employee and another.
October 29, 2020
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Careless or Negligent Performance of Duties
As with anything else, it is important that you are careful and responsible as you carry out your duties as a federal employee. Failure to do so can harm the agency, the public, and yourself, which is why a federal agency can discipline an employee for Careless or Negligent Performance of Duties.
October 28, 2020
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Chapeter 43 Preformance-Based Actions
Under Chapter 43 actions, the Agency has a lower standard of proof to take its actions and is not required to prove that the adverse action will promote the efficiency of service. However, the Agency must prove that the employee’s performance deficiency is in a crucial element.
October 28, 2020
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Contact us today
If you're a federal employee and 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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- Jim R.
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“Despite the complexity of my situation, Melville Johnson took on my claim and immediately put me at ease with a clear demonstration of their expertise with EEO law. From the very start, the firm’s team members have been amazing to work with—hardworking, honest and extremely trustworthy. I would recommend them to anyone who needed this type of legal assistance!”
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(404) 724 - 0000
115 West Peachtree Pl. N.W. Unit 1
Atlanta, Georgia 30313
Atlanta, Georgia 30313
Copyright 2020
Melville Johnson, P.C.
All Rights Reserved
Melville Johnson, P.C.
All Rights Reserved
Privacy Policy