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Melville Johnson Blog

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Recent Updates

Furlough

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As a result of the current pandemic, many Federal employees are understandably concerned of job security and furloughs. While it may seem surprising that there is a “furlough” charge, such actions are taken under Chapter 75 procedures. Pursuant to 5 U.S.C. § 7511(a),furlough means the placing of an employee in a temporary status without duties and pay because of a lack of work or funds or other non-disciplinary reasons. 
Melville Johnson PC
October 27, 2020
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Breach or Violation of Physical Security Policy

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Have you been charged with a breach or violation of physical security policy? Breach of physical security charges are typically specific to jobs such as correctional, fire, security, or police officers, but can also sometimes include other positions. The types of conduct covered by this charge have included carelessness concerning firearms, or actions involving security screening violations.
Melville Johnson PC
October 27, 2020
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Threat

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Threats of harm against a government employee are, understandably, taken seriously. However, sometimes it is difficult for an agency to determine if a threat has actually been made, or if a person is simply talking out of frustration or anger.
Melville Johnson
October 27, 2020
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Drugs: Refusal to Take Drug Test

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How does a federal agency enforce the rules against the use of drugs that takes place off duty, particularly if a federal employee is smart enough not to come to work under the influence? The answer is simple: drug tests. If an employee refuses such a drug test, then the agency can remove or otherwise discipline that employee for Drugs: Refusal to Take Drug Test.
Melville Johnson PC
October 23, 2020
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Alcohol: Possession, Use, or Impairment

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An obvious piece of advice for federal employees is that you should not drink alcohol on the job or come to work drunk. As obvious as this wisdom may seem, however, there are instances where even federal employees drink on the job or come to work drunk, which is why federal agencies can discipline employees for Alcohol: Possession, Use, or Impairment.
Melville Johnson
October 23, 2020
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Failure to Report for a Fitness for Duty Examination

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Sometimes an agency just needs assurances that an employee is physically and psychologically fit to do his/her job. In the federal government, under certain circumstances, an agency may require that a federal employee undergo a Fitness for Duty Examination. If an employee fails to undergo such an examination, then he/she may be disciplined for Failure to Report for a Fitness for Duty Examination. 
Melville Johnson
October 23, 2020
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Beware of Last Chance Agreements

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As is the case with fighting your removal before the Merit Systems Protection Board (“MSPB”), you must be careful of an agency’s clever tactics when considering a settlement agreement in your removal case. One of the tactics of which a federal employee must beware is the Last Chance Agreement (“LCA”). A LCA is a proposal on the part of the agency where they agree not to remove you in exchange for a promise from you not to engage in further misconduct. 
Melville Johnson
October 23, 2020
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What is Military Buy Back?

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Federal employees who have activity military service can receive credit for their military service time to be added to their years of civil service with the government to increase their retirement annuity.
Melville Johnson
October 12, 2020
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Patient Abuse

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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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Reassignment and Refusal to Report

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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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Refusal to Cooperate in Agency Investigation

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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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Loss or Denial of Security Clearance

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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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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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