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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.
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.
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.
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.
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.
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.
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.
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.
April 9, 2020
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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.
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.
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.
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.
April 9, 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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(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