MSPB News: Senate panel vets MSPB Nominees

By Chris Attig | Permalink
November 16th in Catch 62 Appeals (Military Service Credit Deposit), Federal Disability Retirement, Federal Whistleblowers, General Federal Employment Law Posts, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

In October, a Senate Panel vetted two of President Obama’s nominees for the Merit Systems Protection Board.  The nominees are Susan Tsui Grundmann  (nominated as chair of the MSPB) and Anne Marie Wagner (nominated to be her vice chairman).   The panel was chaired by Senatory Daniel Akaka (D-Hawaii), who has in the past introduced legislation for reform of the Federal Whistleblower Protection Act.

In his opening statement, chairman Akaka  focused on what he [...]

MSPB: Enforcement of Settlement Agreements made during an MSPB Appeal

By Chris Attig | Permalink
November 14th in Catch 62 Appeals (Military Service Credit Deposit), Federal Disability Retirement, General Federal Employment Law Posts, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

When a Federal Employee negotiates a settlement of an MSPB appeal, he or she is entitled to the benefit  bargained for in the agreement.  A recent MSPB case illustrates how the MSPB Administrative Judge and the MSPB Full Board review settlement agreements entered into by Parties. Felch v. Navy, 2009 MSPB 160 (August 24, 2009).

First, the MSPB should look to the law of contracts in interpreting settlement agreements.  (N.B. – Contract law interprets contracts by first looking to the contract [...]

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 & 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 [...]

Another Attig Law Firm client successful in Catch-62 appeal

By Chris Attig | Permalink
March 13th in Catch 62 Appeals (Military Service Credit Deposit).

Another Attig Law Firm client has been successful in his Catch 62 appeal to the MSPB! Earlier this month, the Office of Personnel Management (OPM) withdrew its decision reducing our client’s civil service annuity. OPM had previously reduced the annuity because it claimed that our clientfailed to make the military service credit deposit prior to his retirement.

Our client retired as a federal employee and began collecting a civil service annuity in the early 1990’s. [...]

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