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Melville Johnson Blog

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Recent Updates

A Failure to Maintain a Condition of Employment

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A Failure to Maintain a Condition of Employment charge by a Federal Agency is probably the clearest of the possible charges against a Federal Employee. When an employee’s position requires a license, certificate, or special status, the revocation or loss of any of these can be the basis for a charge against the federal employee.
Melville Johnson
April 2, 2020
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Failure to Follow Instructions

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If you are a Federal Employee that has been charged with a Failure to Follow Instructions by your Federal Agency, the first thing that needs to be determined is whether the instructions you allegedly did not follow were clear. This means whether there was enough notice to the federal employee that some sort of action or inaction was expected of them.
Melville Johnson
April 2, 2020
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EEO’s Guidance for Federal Employee During COVID-19 Pandemic

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As a Federal Employee, you may be worried with how the on-going Coronavirus (“COVID-19”) pandemic affects your employment with a Federal Agency. The Americans with Disabilities Act (“ADA”) has established principles that could provide you with assistance and guidance in understanding your rights.
Melville Johnson
April 2, 2020
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Clean Record Settlements in MSPB Cases

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Most disciplinary actions issued by a Federal Agency against a Federal Employee are placed into your personnel file indefinitely, which may have an adverse effect on future employment. This is why many federal employees, particularly if they have been removed, consider resolving their appeal by seeking an agreement with their federal agency to clear their employment record. This type of agreement may include what is known as a clean record settlement.
Mellville Johnson
April 2, 2020
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Off-Duty Misconduct

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For a charge of Off-Duty Misconduct brought by a Federal Agency against a Federal Employee to be upheld, the Federal Agency must prove the following by preponderant evidence: (1) The federal employee was off duty; and (2) the federal employee engaged in conduct that was detrimental to the Agency.
Melville Johnson
April 2, 2020
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A Misuse of Property Charge

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For a Federal Agency’s issue of Misuse of Property charge to be upheld against a Federal Employee, the federal agency must establish the following elements with preponderant evidence: (1) The employee used (or removed or possessed) government property; and (2) The use (or removal or possession) was without authorization.
Melville Johnson
April 2, 2020
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Conduct Unbecoming a Federal Employee

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Federal employees are often disciplined based on the charge of Conduct Unbecoming a Federal employee. We will explain the charge, and potential defenses that Federal employees can use when challenging the disciplinary action.
Shaun Yancey
March 23, 2020
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Final Agency Decisions

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After you receive the Report of Investigation (ROI), you will have the chance to request a Final Agency Decision (“FAD”) or a Hearing with the EEOC. If you request a FAD, the Agency will review your claims and issue a decision as to whether or not the Agency has discriminated against you.
Yizhou Wei
March 20, 2020
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Formal EEO Process

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Overview of the Formal Investigation Process - what to expect and how to prepare.
Yizhou Wei
March 20, 2020
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Making EEO Contact

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If you think you have a case you'd like to be heard by the EEO, there are important Federal EEO Contact Deadlines to be aware of.
Yizhou Wei
March 20, 2020
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EEOC Hearing Process

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What to expect once you've elected a hearing at the EEOC.
Yizhou Wei
March 20, 2020
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How a Government Shutdown Impacts Your MPSB Appeal

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"Federal Government Shut Down." These are four words that no federal employee wants to hear. If you are federal employee, former employee, or applicant with a case pending at the Merit Systems Protection Board ("MSPB") one of your main concerns might be how a shut down impacts your appeal.
Jennifer Duke
February 2, 2018
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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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