MSPB: Removals for “Excessive Use of Leave”

By Chris Attig | Permalink
May 16th in Disability Discrimination, EEOC (Federal Employees), General Federal Employment Law Posts, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

We all know that an Agency can try to remove you for being Absent Without Leave (AWOL). What if an Agency tries to remove you for taking too much approved annual leave or approved sick leave? How about if an Agency tries to remove you for taking too much Leave Without Pay? Will the Merit Systems Protection Board (MSPB) uphold that decision?

Every case is unique, so the answers to those questions are things you should discuss [...]

MSPB: Appeals of Suitability Determinations

By Chris Attig | Permalink
May 3rd in General Federal Employment Law Posts, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

Generally, an unsuccessful candidate for a federal government job has no right to appeal a non-selection – unless he or she feels that the basis for the non-selection was based on a discriminatory motive (age, sex, disability, race, national origin, etc.)

However, if an Agency makes a suitability determination – whether or not your character or conduct is such that employing or continuing to employ you would adversely affect the integrity or efficiency of the service, OPM has provided that [...]