MSPB Attorney Chris Attig discusses a recent MSPB decision mitigating a removal to a 14 day suspension.
MSPB Attorney Chris Attig discusses what a Federal Agency must prove to remove an employee for medical inability to perform the functions of a job.
MSPB Attorney at the Attig Law Firm describes the three situations where a Federal Employee might be suspended indefinitely.
MSPB Attorney at the Attig Law Firm provides a brief analysis of an MSPB Decision, Suggs v. Dept. of Veterans’ Affairs. That case deals with mitigation of the penalty of removal for disrespectful conduct to a 30-day suspension.
Federal and Postal Disability Retirement attorney Chris Attig explains when and how an applicant for disability retirement can recover his or her attorney fees from OPM.
A recent decision of the Merit Systems Protection Board (MSPB) reinforced a 2009 ruling that a Federal employee’s allegations are adequate to justify a hearing when she alleges she was forced to resign because the agency refused to accommodate her disability by allowing her to telecommute.
Generally, a federal employee’s resignation is voluntary. However, a Federal employee appealing to the MSPB can allege that a resignation (or retirement) was involuntary. There are many basis for asserting involuntariness (misrepresentation, [...]
Before discussing this question, I want to say that no federal disability retirement lawyer can tell you if any one condition will get you accepted for disability retirement. The key element of a disability retirement case is its connection to your ability to perform the essential functions of your current position.
Having said that, mental health conditions can (and do) form the basis for successful disability retirement applications. There are some hurdles to overcome, but here are just a few examples [...]
The MSPB, with new Board members, issued three (3) decisions earlier this month. Those three decisions had three things in common:
1) The employing Agency was the USPS in each of the MSPB appeals
2) Each of the MSPB Judges reversed was from the San Francisco Regional Office
3) Each of the 3 cases dealt with “restoration rights” for Federal employees who had recovered from an on-the-job injury.
4) Each of the 3 cases reinforced the incorporation of the Americans with Disabilities Act and [...]
When a Federal employee is removed for failing to maintain a security clearance, the MSPB may only review that decision to determine whether the Agency met its burden of proof that:
1) the employee’s position required a security clearance;
(2) the employee’s security clearance was denied or revoked;
(3) transfer to a non-sensitive position was not feasible; and
(4) the agency followed the procedural requirements of 5 U.S.C. § 7513 in processing the removal action
In a recent case decided by the MSPB, the full Board applied the Egan [...]
There are, generally, four major leave-based adverse actions that a Federal Employee can challenge to the Merit Systems Protection Board (MSPB).
1) AWOL
2) Failure to Follow Leave Requesting Procedures
3) Excessive Use of Approved Leave/Abuse of Leave
4) Enforced Leave
Click on the underlined text to read more about each charge and the elements. When challenging an adverse action based on approval, disapproval, use or abuse of annual or sick leave before the MSPB, the following statutes should always be considered as a defense or [...]
Attig Law Firm is a progressive and professional firm with a uniquely creative approach to the practice of law. Mr. Attig believes that there is more than one way to skin a cat; that sometimes it pays to go against the grain, and that every now and again, it is essential to speak truth to power. He is willing to challenge "conventional wisdom" to help you achieve your goals.
