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Tuesday, February 7
Author Archives: Peter Jeffrey
Bad Advice From Agency Travel Representative Costs Employee $838
The U.S. Department of Health and Human Services approved an employee’s official travel to Paris, France to attend a medical conference. Several months prior to his trip, the employee asked his agency travel preparer as to how to go about … Continue reading
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MSPB Rules that Marginal Performance Fails to Warrant Removal
When an initiating an action for unacceptable performance under 5 U.S.C. § 4303, an agency must demonstrate by substantial evidence that the employee’s performance is unacceptable and that the employee was informed as to what is required to reach better … Continue reading
Posted in MSPB
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When It Comes To Your Security Clearance, Sometimes You Can’t Go Home
As the year ends, your thoughts naturally go to spending time with family and friends. Going home, even if just for a short visit, may become one of your 2012 resolutions. But going home may have real consequences when it … Continue reading
Posted in Security Clearance Issues
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All of the Tenderness of a Seasick Crocodile.
No. It’s not Mr. Grinch. It’s the EEOC. That’s right, even if you successfully prove that you have been discriminated against, harassed or retaliated against, the likelihood of truly being compensated for that unlawful discrimination, harassment or retaliation is increasingly … Continue reading
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EEOC Confirms that Administrative Investigations Can Constitute Retaliation
Time and time again employees file an EEO complaint only to be subjected to an administrative investigation a few weeks later on false allegations of absence without leave (AWOL), time and attendance fraud, or other false allegations. Often, after the … Continue reading
MSPB to Launch Pilot Program Mandating e-filing
Effective January 11, 2012, the MSPB will require agencies and appellants’ attorneys in MSPB proceedings before the Washington Regional Office (WRO) and Denver Field Office (DEFO) to file all pleadings electronically (e-filed). This requirement will apply to all pleadings except … Continue reading
Posted in MSPB
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Do Not Rely Upon Opposing Counsel to Tell You When to Appear for Your EEOC Hearing
In our last blog post, we discussed the EEOC’s finding on the merits in Smith-Riggins v. USPS, Appeal No. 0120093837 (Aug. 31, 2011). In this blog post, we discuss the EEOC’s discussion of whether Smith-Riggins’ reliance on the Agency to … Continue reading
Posted in EEOC, Employment Discrimination/ EEOC
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Pushing Employee Warrants a Hostile Work Environment Finding but Using the “N word” Does Not
Last month we reported that an EEOC Administrative Judge found that an employee’s involuntary baptism was not conduct that constituted hostile work environment harassment. Nikita Cloyd v. Dep’t of Agriculture, Appeal No. 0120101052 (Aug. 26, 2011). The EEOC’s finding in … Continue reading
Posted in EEOC, Employment Discrimination/ EEOC
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Employee’s Personal Biases not Enough to State an EEO Claim
Coworkers’ celebration of employee’s same-sex marriage is not unlawful harassment, according to the EEOC. In Walker v. Environmental Protection Agency, Appeal No. 0120112853 (Oct. 6, 2011), the EEOC found that emails announcing and celebrating one employee’s same-sex marriage did not … Continue reading
Posted in EEOC, Employment Discrimination/ EEOC
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Taking you to the Water – Even if you don’t want to go
The EEOC recently upheld an Administrative Judge’s decision issuing summary judgment to the U.S. Department of Agriculture (USDA) where an employee baptized her coworker, the Complainant, without the Complainant’s consent. Nikita Cloyd v. Dep’t of Agriculture, Appeal No. 0120101052 (Aug. … Continue reading
Posted in EEOC, Employment Discrimination/ EEOC
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