Ask the Lawyer received the following paraphrased question from a reader on a legal matter that might be of interest to the entire audience. Q: In an appeal to the MSPB (Merit Systems Protection Board), can the employee ask for money damages? That is, if the board decides the employee’s argument(s) prevail, can they award him money in lieu of getting his job back? A: Remedies Available at the MSPB If an employee prevails in an MSPB appeal, the MSPB administrative judge has the authority to award a range of remedies designed to make the employee “whole,” that is, to…
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Ask the Lawyer received the following paraphrased question from a reader on a legal matter that might be of interest to the entire audience. Q: Please let me know what constitutes sick leave abuse. A: Sick Leave Abuse Explained Sick leave abuse is a broad and controversial subject that unfortunately is pervasive in the federal workplace. It occurs when an employee misrepresents that either he or she or a family member have an illness or medical condition that requires the employee to be absent from the workplace on an approved leave status to care for him or herself or the…
Ask the Lawyer received the following paraphrased question from a reader on a legal matter that might be of interest to the entire audience. Q: I have a pending case before the EEOC pertaining to disability discrimination in the Federal Sector. My understanding is that when the statutory time has elapsed I may pursue my case in Federal District Court. I have read that under the Rehabilitation Act I may be entitled to have an attorney appointed by the Judge to represent me. Can you advise me further regarding this entitlement? A: Pursuing an EEO Case in Federal District Court…
Ask the Lawyer received the following paraphrased question from a reader on a legal matter that may be of interest to the entire audience. Q: Good evening, I am an SSA employee. I have been on medical leave and exhausted all my annual leave and sick time. My manager has informed me they have no choice but to charge me absent without leave (AWOL). I will submit medical documentation to continue my leave without pay (LWOP), but my question is: Should I go to work on even without my doctors authorization? I have a pending immediate disability retirement claim at the reconsideration level and a SSA…
Any manager who has ever gone to the agency’s human resources office to get help with a problem employee has heard the question, “Where’s your documentation?” Documentation is just as important for a manager who has been or who might be accused of discrimination in an equal employment opportunity case, but there’s a twist. In the EEO arena, the manager is in a reactive mode. There are times and methods and uses of documenting in an EEO case that can significantly decrease the likelihood that a manager will be found guilty of discrimination. The fundamental difference between taking a disciplinary…
In 2010, the Ask the Lawyer column will be written by Bill Bransford, managing partner of Shaw, Bransford & Roth, P.C. For more information on Bill or the law firm, please visit http://www.shawbransford.com/. Archived columns written by Greg Rinckey will still be available on this blog in the section below.
Throwing an office holiday party can be a welcome time to boost employee morale, but be mindful of the legal pitfalls that can lurk in the holiday cheer. From the punch bowl to the dance floor, liabilities exist for you as a federal supervisor, even if the event is held outside the workplace and the workday. Take precautions to prevent harassment at your party. Work with your agency’s human resources department to ensure that all employees are well versed in your agency’s anti-harassment policies before the party occurs. The key for you as a supervisor is to know that your…
Part of your job as a supervisor is to enforce sick leave policies and procedures. And sometimes, that means taking steps to ensure your employees don’t not to abuse this benefit. So here’s what you need to know. Full-time federal employees accrue sick leave at the rate of four hours per pay period — or 13 days annually. Federal employees can carry over unused sick leave from year to year and there is no limit on how much an employee can accumulate. An employee can take sick leave when he is ill or injured; to care for an injured or ill…
As a federal manager, you are on the front line in protecting your agency against equal employment opportunity complaints under Title VII of the Civil Rights Act. To prevent discrimination in the workplace, you must understand what qualifies as an act of discrimination or harassment. The category causes the most confusion is discrimination based on national origin. According to the Equal Employment Opportunity Commission, national origin discrimination occurs when equal employment opportunities are denied to an individual based on the country where he or she was born or from which his or her ancestors came. More specifically, EEOC prohibits discrimination…
The Equal Employment Opportunity Commission since 1999 has required agencies to offer alternative dispute resolution (ADR) to employees as a means to resolve both formal and informal EEO complaints. But ADR techniques are an option for nearly all types of workplace disputes. Agencies can use ADR in place of more formal litigation to resolve disputes. Authorized under the 1996 Alternative Dispute Resolution Act, ADR consists of a number of dispute-solving programs generally involving a neutral third party to help the conflicting parties find a mutually agreeable solution. The most commonly used form of ADR is mediation. Generally, a trained mediator…