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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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. [...]

On August 25, 2009, the Federal Circuit Court of Appeals issued  a decision remanding an MSPB Appellant’s case back to the MSPB for additional review.  The crux of the case, Malloy v. USPS (Fed. Circ. Docket No. 2008-3117), turns on the evidence of the Appellant’s mental health condition.

The [...]

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 [...]

I have heard from a lot of  disability retirement applicants that they have been approved for Social Security disability but later denied  disability retirement by  OPM. Many of the applicants that call us are confused how this can be, so this blog will attempt to explain how this might happen – and what you can do about it.

The biggest reason that you might receive different decisions – a grant of Social Security disability but not  FERS disability retirement (or [...]

When an employee applies for disability retirement under CSRS or FERS, one of the elements that the employee must show is that the Agency is unable to accommodate him or her.

In order to prove this element, the agency must review all vacant positions under its jurisdiction at the same grade or pay level and tenure in the commuting area to determine if the employee meets the minimum qualification standards for any vacant position. [...]