MSPB: 3 Major Orders from your MSPB Judge

By Chris Attig | Permalink
August 27th in Federal Disability Retirement, Federal Whistleblowers, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

Over the next couple days, I want to briefly discuss the 3 major orders you will receive from your Judge in an MSPB Hearing.

They are:

1) the Acknowledgment Order;

2) the Scheduling Order; and,

3) the Pre-Hearing Summary.

There are a few other orders, but I will only talk about the big ones right now.

1) Acknowledgment Order -You will receive this order [...]

Federal Disability Retirement: 5 Steps to Prove Eligibility for FERS Disability Retirement, Step 5

By Chris Attig | Permalink
June 8th in Federal Disability Retirement, Federal Whistleblowers, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

In a previous post, we outlined “5 Steps to Prove Eligibility for FERS Disability Retirement.”

We outlined the 5 basic steps: Eligibility, Disability, Continuity, Reassignment, and Appeal.

This post will discuss Step 5: Appeal.

You’ve shown that you are eligible for disability retirement, your disease/injury is preventing you from providing useful and efficient service, and the Agency is unable to reassign or accommodate you. What next?

Contact your Agency Human Resources or Labor Relations specialist, or contact  OPM to get the proper forms to file [...]

Federal Disability Retirement: 5 Steps to Prove Eligibility for FERS Disability Retirement: Step 4.

By Chris Attig | Permalink
June 7th in Federal Disability Retirement, Federal Whistleblowers, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

In a previous post, we outlined “5 Steps to Prove Eligibility for FERS Disability Retirement.”

We outlined the 5 basic steps: Eligibility, Disability, Continuity, Reassignment, and Appeal.

This post will discuss Step 4: Reassignment.

Before counseling an employee to seek  disability retirement or supporting an employee’s application for disability retirement, an Agency must make every reasonable attempt to accommodate the employee.

To do this, the Agency should review all vacant positions under in the Agency, at the same grade and pay, in the commuting [...]

MSPB: Senate proposes better Whistleblower protection for Federal Employees

By Chris Attig | Permalink
January 29th in Federal Whistleblowers, General Federal Employment Law Posts, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

In May 2006, the Supreme Court’s Garcetti v. Ceballos decision effectively denied constitutional free speech protection to government employees who disclosed waste, fraud or abuse while carrying out their job duties.

Unfortunately for government employees and those interested in an efficient and lawful federal government, Garcetti was only another decision in a long of cases that chipped away at legal protection for whistleblowers. In a recently published article, the Federal Circuit Court of Appeals (which [...]

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