MSPB analysis: Recent trends in “lack of candor” charges.
Increasingly, Federal agencies are charging employees with misconduct based on “lack of candor”. This charge is what Agencies use when they can’t prove “falsification”. Falsification is an intentional...
View ArticleMSPB: What is “Harmful Error”?
In MSPB Appeals, the Appellant (employee) can assert “harmful error” as a defense to an Agency adverse action. Harmful error can be a difficult concept, even for many attorneys. Here is what it is, in...
View ArticleMSPB: Removals for “Excessive Use of Leave”
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...
View ArticleMSPB: Charges of AWOL (Absent Without Leave)
An Agency can take disciplinary action or adverse action against a Federal Employee for being Absent Without Leave (AWOL). Rarely, however, is the Federal Employee both absent from work and absent...
View ArticleMSPB: Elements of a Charge of Failure to Follow Leave Procedures
Federal Agencies that take an adverse action against a Federal Employee based on “failure to follow leave procedures” will have to prove certain elements of that charge before the Merit Systems...
View ArticleMSPB: Leave Based Adverse Actions against the Federal Employee
There are, generally, four major leave-based adverse actions that a Federal Employee can challenge to the Merit Systems Protection Board (MSPB). 1) AWOL 2) Failure to Follow Leave Requesting Procedures...
View ArticleDoes your VA Claim feel like the Tower of Babel?
Way back in biblical times, man apparently was building a tower to the heavens. Apparently, he almost got there, because god saw fit to confound their construction by waving his hand and making them...
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