Managers dealing with problem employees and employees facing potential disciplinary actions should be aware of the Douglas Factors, 12 standards developed by the Merit Systems Protection Board to decide the appropriateness of a penalty for misconduct or other actions that are taken because of the “efficiency of the service.” Most managers who have proposed or decided an adverse action have been briefed on the Douglas Factors. Others may not be aware of the Douglas Factors, but should be so they can more effectively determine how to use such managerial tools as progressive discipline. The Douglas Factors get their name from a…
Yearly Archives: 2011
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: What constitutes a “failure to follow instructions?” If someone missed a marking on a container, could that be a “failure to follow instructions?” A: It depends on whether noting the marking on a container was a part of the instructions. In the federal civil service, a charge such as “failure to follow instructions” may be proved by evidence of what the instructions stated along with evidence that the employee failed…
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: I am a civilian employee and am required to attend mandatory training for three months at a location far away from my home. My meals, lodging and travel expenses are covered. Am I entitled to Family Separation Allowance or any other compensation for TDY? A: No. Family Separation Allowance is not available for civilian employees; rather, Family Separation Allowance is only payable to active-duty service members with dependents away from…
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: How can a federal employee qualify for a per diem? A: For a federal employee to qualify for a per diem, he/she must be on official travel away from their official duty station. The “official duty station” means the geographic area surrounding an employee’s regular work site that is the same as the area designated by the employing agency for the purpose of determining whether travel time is compensable for…