MSPB & EEOC: What are Requests for Production and how can the Federal Employee use them in MSPB or EEOC discovery?

By Chris Attig | Permalink
November 2nd in Catch 62 Appeals (Military Service Credit Deposit), EEOC (Federal Employees), Federal Disability Retirement, Federal Whistleblowers, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

Both the MSPB and the EEOC afford Appellants (or Complainants) the opportunity to pursue discovery.   While the timelines and the amounts of discovery allowed are quite different, the basic ideas of what discovery is and how it should be used are very similar.

There are six (6) primary types of discovery in litigation in the United States (click on the links for the particular type of discovery you want to read about:
Requests for Admission (Click on link to read more [...]

MSPB: How the credibility of witnesses can affect your MSPB appeal.

By Chris Attig | Permalink
October 31st in Catch 62 Appeals (Military Service Credit Deposit), Federal Disability Retirement, Federal Whistleblowers, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

Attorney Chris Attig, an attorney with experience before the Merit Systems Protection Board (MSPB), discusses how the Administrative Judge considers the credibility of witnesses at an MSPB hearing.

MSPB & EEOC: What are Requests for Interrogatory and how does the Federal Employee use them in discovery?

By Chris Attig | Permalink
October 30th in Catch 62 Appeals (Military Service Credit Deposit), EEOC (Federal Employees), Federal Disability Retirement, Federal Whistleblowers, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

Both the MSPB and the EEOC afford Appellants (or Complainants) the opportunity to pursue discovery.   While the timelines and the amounts of discovery allowed are quite different, the basic ideas of what discovery is and how it should be used are very similar.

There are six (6) primary types of discovery in litigation in the U.S (click [...]

MSPB & EEOC: What are Requests for Admission and how does the Federal Employee use them in discovery?

By Chris Attig | Permalink
October 6th in Catch 62 Appeals (Military Service Credit Deposit), EEOC (Federal Employees), Federal Disability Retirement, Federal Whistleblowers, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

This post is part of a continuing series describing the general discovery tools available to Federal Employees who are Appellants before the Merit Systems Protection Board (MSPB) and/or Complainants before the Equal Employment Opportunity Commission (EEOC). Both the MSPB and the EEOC afford Appellants (or Complainants) the opportunity to pursue discovery.  While the timelines and the amounts of discovery allowed are quite different, the basic ideas of what discovery is and how it should be used are very similar.

There are [...]

MSPB & EEOC: What is Discovery and How can the Federal Employee use it?

By Chris Attig | Permalink
September 27th in Catch 62 Appeals (Military Service Credit Deposit), Disability Discrimination, EEOC (Federal Employees), Federal Disability Retirement, Federal Whistleblowers, General Federal Employment Law Posts, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

Both the MSPB and the EEOC afford Appellants (or Complainants) the opportunity to pursue discovery.   While the timelines and the amounts of discovery allowed are quite different, the basic ideas of what discovery is and how it should be used are very similar.

Discovery is a very important part of your case.  In an EEO case, you [...]

MSPB: Federal Employee Firefighters and Retirement Credit for firefighting positions

By Chris Attig | Permalink
September 27th in General Federal Employment Law Posts, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

We have been getting an increasing number of calls over the last year about firefighters in the Federal Government being denied retirement credits for time served as a firefighter.  Here are the rules, and how it works.

If you are reading this, then you know that Federal employees [...]

MSPB & EEOC: Speaking Opportunities and Presentations on Federal Employment Legal Matters

By Chris Attig | Permalink
September 19th in Catch 62 Appeals (Military Service Credit Deposit), Disability Discrimination, EEOC (Federal Employees), Federal Disability Retirement, Federal Whistleblowers, General Federal Employment Law Posts, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals, OWCP.

Your managers have training on Employment Law, why don’t the workers?

Mr. Attig is founder of the Attig Law Firm, a Firm that regularly represents Federal Employees before the EEOC, MSPB, OWCP, OPM and OWCP.  Clients, potential clients, and various employee organizations have commented on how helpful Mr. Attig’s straightforward and candid explanations of Federal Employment laws, processes, and forums have been to them.

Mr. Attig is available to come to your organization, union, workplace, or association to speak and/or train your [...]

MSPB: Probationary Federal Employees, Appeal Rights, and “Tacking”

By Chris Attig | Permalink
September 19th in General Federal Employment Law Posts, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

Probationary employees generally have no right of appeal to the Merit Systems Protection Board (MSPB).   If, however, the Federal Employee on a probationary period can raise a nonfrivolous allegation that the termination was due to marital status discrimination or partisan political reasons, they will typically be afforded an MSPB appeal and/or hearing. See Von Deneen v. Department of Transportation, 33 M.S.P.R. 420, 422, aff’d, 837 F.2d 1098 (Fed. [...]

MSPB & EEOC Damages: What Damages are available for discrimination claims?

By Chris Attig | Permalink
September 19th in EEOC (Federal Employees), General Federal Employment Law Posts, MSPB - Adverse Action Appeals (Performance and Discipline).

Three words of caution.  First, this is a really long post.  Please read it carefully and frequently for a better understanding of this topic. Second, understand that this is a very high level summary of damages for discrimination claims.  Entire law school classes are spent teaching how to classify and prove damages.  Third, understanding damages for discrimination claims requires a lot of research, study, and contemplation.  All this post is going to do is debunk some of the myths of [...]

Federal Employees in the EEOC: Compensatory Damages and a Good Faith Attempt to Reasonably Accommodate.

By Chris Attig | Permalink
September 7th in Disability Discrimination, EEOC (Federal Employees), MSPB - Adverse Action Appeals (Performance and Discipline).

Generally speaking, if an Agency discriminates against a federal employee on the basis of failure to accommodate a disability under the Americans with Disabilities Act, Rehabilitation Act, and/or the Americans with Disabilities Amendments Act, the federal employee will have the opportunity to seek compensatory damages.

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