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Medical Documentation for Reasonable Accommodations
When it comes to requests for reasonable accommodations, employers may ask individual employees for “reasonable documentation” when the disability or need for accommodation is not obvious. The employer is entitled to know that the individual has a covered disability.
April 7, 2020
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Poor Judgement Charge
Have you been subjected to discipline or removed by your federal employer for poor judgment? Just as the charge sounds, this allegation is referring to the inability to make appropriate decisions in light of your federal position or responsibilities.
April 7, 2020
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Reassignment as a Reasonable Accommodation
The ADA lists “reassignment to a vacant position” as a form of reasonable accommodation available to qualified individuals with disabilities. 42 U.S.C. § 12111(9)(B). Reassignment must be provided to employees who can no longer perform the essential functions of their current position, with or without accommodation because of their disability
April 7, 2020
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Representation During "Performance Improvement Plan" Process
Performance Improvement Plans (“PIP”) can be one of the most stressful situations for a federal employee employed at a Federal Agency. Sometimes the terms and conditions can be difficult to understand. Therefore, it is very important to retain legal advice to be sure you are aware of all stipulations of this process.
April 6, 2020
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The MSPB Appeals Process
Most cases brought to the Merit Systems Protection Board (MSPB) are appeals of agency adverse actions--removals, suspensions of more than fourteen (14) days, reductions in grade or pay, and furloughs of thirty (30) days or less. Other cases include appeals of Office of Personnel Management (OPM) determinations in retirement matters, performance-based removals or reductions in grade, denials of within-grade salary increases, reduction-in-force actions.
April 6, 2020
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The Agency's Burden of Proof
When a federal employee brings an appeal regarding a personnel action made by the federal agency in which they are employed, an Administrative Judge is assigned to the case and reviews the case based on information provided to him or her to make a decision. When a charge involves misconduct, the standard is “preponderance of the evidence. However, for performance cases, the standard is lowered to “substantial evidence.”
April 6, 2020
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Disability Retirement Process
Disability Retirement is an employee benefit intended for those federal employees who are unable to complete a normal career due to disease or injury. These federal employees must then meet the statutory, regulatory, and administrative criteria to be eligible. The process is handled by the Office of Personnel Management (OPM).
April 6, 2020
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Reviewing Arbitration Decisions
Although more arbitration cases go to the Federal Labor Relations Authority (FLRA) for review, a federal employee may seek review from the MSPB when jurisdiction is found. The MSPB must have jurisdiction over the subject matter of the grievance.
April 6, 2020
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Harmful Error at the MSPB
Employee rights are just as important within the Merit System Protection Board (MSPB), as they are in any other area of adjudication. Harmful error is said to have occurred whenever it is shown that the rights of the federal employee have been significantly impaired. When a federal employee is able to show that the application of the agency’s procedures was not in accordance with statute, rule or regulation, the MSPB may order a reversal.
April 2, 2020
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Successful Defenses Against Poor Work Performance
For a poor work performance charge to be sustained by the MSPB, the Federal Agency mush show that the federal employee: 1) was notified that he/she was expected to perform a particular duty; 2) the employee’s performance was unacceptable in that duty; and 3) the agency’s measurement of the employee’s unacceptable work performance was accurate and reasonable.
April 2, 2020
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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).
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.
April 2, 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