Top MSPB Lawyers Blog | Federal Employee Appeals Attorneys http://www.mspbattorneys.com/Federal-Employee-Appeals GA Alimony, Child Support, Child Custody, The Division of Assets, and more Wed, 22 Jun 2011 01:01:25 +0000 en hourly 1 http://wordpress.org/?v=3.1.2 Employee Engagement is Vital to an Organization’s Survival http://www.mspbattorneys.com/Federal-Employee-Appeals/2011/06/employee-engagement/ http://www.mspbattorneys.com/Federal-Employee-Appeals/2011/06/employee-engagement/#comments Wed, 22 Jun 2011 01:01:25 +0000 admin http://www.mspbattorneys.com/Federal-Employee-Appeals/?p=395 Any organization’s most critical resource is its employees so employee engagement is critical to a company’s survival. Unfortunately, quite a few managers and leaders are oblivious to employee engagement.

Simply put means a workers level of interest in the organization. A company or agency full of people simply punching time clocks and collecting paychecks is not going to survive in today’s world of hyper competition. Yet many managers believe just that, they simply ignore engagement and refuse to deal with it.

 

Vital for Customer Service

For any firm to make money or any agency to effectively deliver services employees must be engaged. Yet in many cases they are not and it will show. Customers will notice unengaged workers and they will know when the people working for you do not care about them. Customers will always migrate to the businesses where the employees care about them.

How many times have you vowed never to go back to a store because of the poor attitude of the bored clerk behind the register? If your firm’s level of employee engagement is low that’s exactly what your customers might be thinking of you. They will be looking for suppliers that care about them. Nor can an agency survive in today’s world of budget cuts and popular anger at government if the stakeholders think the agency’s employees do not care about them.

 

More Critical Than the Bottom Line

Therefore measuring employee engagement through effective employee surveys is critical to an organization’s survival. Such surveys can tell how you why engagement is low and how you can fix it. If they are properly used you can implement effective change management and leadership development programs to improve morale.

There is no way that an organization can deliver the level of customer service, quality and responsiveness customers and stakeholders have come to expect without a high level of employee engagement. That means managers must pay as much attention to the morale and levels of employee engagement as they do the bottom line in today’s world.

]]> http://www.mspbattorneys.com/Federal-Employee-Appeals/2011/06/employee-engagement/feed/ 0 Whistleblower Protection Act Doesn’t Cover Military Personnel http://www.mspbattorneys.com/Federal-Employee-Appeals/2011/03/whistleblower-protection-act-doesn%e2%80%99t-cover-military-personnel/ http://www.mspbattorneys.com/Federal-Employee-Appeals/2011/03/whistleblower-protection-act-doesn%e2%80%99t-cover-military-personnel/#comments Thu, 17 Mar 2011 10:02:21 +0000 admin http://www.mspbattorneys.com/Federal-Employee-Appeals/?p=392 Pfc Bradley Manning

Pfc Bradley Manning

Deciding to become a whistle blower is very difficult. One major reason behind this is that after the whistle blowing happens, a lot of people in the company you keep may not be happy with your actions. As a result you become deprived of promotion, transferred to a new office location that you don’t like or even forced to resign. If still that doesn’t work, you will be terminated in the course of time.

There are a lot of things that whistle blowers sacrifice and as a result there’s an act that protect their basic rights from any actions that may be done to them. This is where the whistle blowing act comes into the picture.

The whistle blowing act prohibits federal employees from taking or threatening to do any personnel action against a worker because of protected disclosures. The protected disclosure may be any information that you think is a proof of violation of law, rule or regulation, or gross waste of government money, mismanagement, abuse of authority or a reasonable threat to public health and safety. When something like this happens, and you know that something wrong needs to be corrected, at least you have this act to back you up whatever move you want to make to correct this issue.

Private Bradley Manning of the US army was recently sentenced to death because he disclosed classified information about an attack done by the US Army in the Middle East. He downloaded some videos through Wikileaks which put the US army in bad light. He was arrested, brought to court and was sentenced to death.

Employees from the FBI, Government Accounting office, CIA and foreign intelligence or counterintelligence agencies are not covered by this act. That is one reason why although Bradley Manning is a whistle blower, he can’t claim this act as his defense because he is not a regular federal employee but a military personnel in charge of foreign intelligence material. Manning’s lawyer is making further appeal on this issue.

Disclaimer: Our blog moderator occasionally allows guest blog post authors to post blogs of interest on our blog. The above blog post is a guest blog post. The author is not an attorney and is not affiliated with this or any law firm. This post should not be mistaken for legal advice. You should not act or rely on any information in this blog without seeking the advice of an attorney.

]]> http://www.mspbattorneys.com/Federal-Employee-Appeals/2011/03/whistleblower-protection-act-doesn%e2%80%99t-cover-military-personnel/feed/ 0 The Hidden Advantage of a Case Settlement http://www.mspbattorneys.com/Federal-Employee-Appeals/2011/02/the-hidden-advantage-of-a-case-settlement/ http://www.mspbattorneys.com/Federal-Employee-Appeals/2011/02/the-hidden-advantage-of-a-case-settlement/#comments Wed, 23 Feb 2011 16:23:16 +0000 admin http://www.mspbattorneys.com/Federal-Employee-Appeals/?p=388 Often times when a person gets involved in an MSPB case, each party will have claims and reasons not to give-in to what the other wants. If it sounds confusing, that’s exactly what happens. Each side of the coin has a merit to the entire case at hand. As a result, the judge only acts as a third party on the issue who will see which one has a better ground.

People get into this MSPB cases for many reasons. Some would like a better deal of their retirement fund, the others want their honors back and for the others, they just want everything. In some situations, we really can’t have everything we asked in MSPB cases.

The bright side is that there’s a way to come up with a win-win situation in a Merit System Protection Board case. We call it settlement. Settlement is like meeting halfway. Each party doesn’t get what they bargained for, but will agree to shake hands by getting a partial win.

There’s really nothing wrong with a partial win, it’s actually better than a complete loss. When someone agrees to a settlement, it doesn’t also necessarily mean that they admit defeat. In such a case everybody actually agrees to disagree, but will be willing to meet half way.

Deciding to go for a settlement is very stressful. We don’t know where to begin. Some people will get two sheets of paper and on one, list down all that they will gain if they will go all the way. Then, on another paper, they list-down what they will get if they lose the case. In most cases, the other side of their list will contain nothing.

If a person really thinks that they have a strong case in their favor, then they would go all the way. In some situations where they see the tide is going against them, they go for a settlement instead.

Disclaimer: Our blog moderator occasionally allows guest blog post authors to post blogs of interest on our blog. The above blog post is a guest blog post. The author is not an attorney and is not affiliated with this or any law firm. This post should not be mistaken for legal advice. You should not act or rely on any information in this blog without seeking the advice of an attorney.

]]> http://www.mspbattorneys.com/Federal-Employee-Appeals/2011/02/the-hidden-advantage-of-a-case-settlement/feed/ 0 The Douglas Factors as Used in MSPB Trials http://www.mspbattorneys.com/Federal-Employee-Appeals/2010/10/douglas-factors-mspb-trials/ http://www.mspbattorneys.com/Federal-Employee-Appeals/2010/10/douglas-factors-mspb-trials/#comments Wed, 13 Oct 2010 19:59:35 +0000 admin http://www.mspbattorneys.com/Federal-Employee-Appeals/?p=383 The decision to take disciplinary or adverse action against an employee by an agency, including removal, demotion, or suspension for 14 days or more, cannot be made without reference to an established criteria for penalty.  To assist agencies, the Merit Systems Protection Board created what is commonly known as the Douglas Factors, a series of 12 factors that federal agencies must consider when determining the nature and severity of a penalty for a disciplinary or conduct-related action.  These factors include:

1.  Nature and seriousness of the offense
2.  Employee’s job level and type of employment
3.  Past disciplinary record
4.  Past work record
5.  Effect of employee’s ability to perform and supervisory confidence in the
employee
6.  Consistency of the penalty with those imposed upon other employees for the
same or similar offenses
7.  Consistency of the penalty with agency’s table of penalties
8.  Notoriety of the offense or impact on reputation of agency
9.  The clarity with which the employee was on notice of any rules that were
violated in committing the offense, or had been warned about the conduct in
question
10.  Potential for rehabilitation
11.  Mitigating circumstances
12.  Possibility for alternative sanctions to deter such conduct in the future by the
employee or others

Some of these twelve factors may not be pertinent in a particular case while others may weigh in the employee’s favor or create circumstances that support a harsher penalty.  It is critical to balance the relevant factors in each individual case.  If you feel you have been wrongly penalized for a disciplinary or conduct-related action you have the right to appeal to the Merit Systems Protection Board.  Let one of our highly experienced federal employment attorneys assist you in taking the necessary steps to make your MSPB appeal. Contact us today at (888) 594-0424.

]]> http://www.mspbattorneys.com/Federal-Employee-Appeals/2010/10/douglas-factors-mspb-trials/feed/ 0 Merit Systems Protection Board Statistics http://www.mspbattorneys.com/Federal-Employee-Appeals/2010/07/merit-systems-protection-board/ http://www.mspbattorneys.com/Federal-Employee-Appeals/2010/07/merit-systems-protection-board/#comments Thu, 15 Jul 2010 11:02:45 +0000 admin http://www.mspbattorneys.com/Federal-Employee-Appeals/?p=377 Do Statistics Indicate a Bias Favoring Employers in Merit Systems Protection Board Cases?

With agencies like the Merit Systems Protection Board established for the purpose of protecting federal employees’ rights, one would think that whistleblowers in the United States are, for the most part, protected when their actions are within legal bounds. Unfortunately, though, some have pointed to recent statistics which seem to indicate a bias in cases challenging the actions of federal employers. If the primary agency responsible for disputing the wrongful actions of federal employers is not being run effectively, federal employees could be discouraged from reporting unethical, sometimes illegal, activities taking place in their work environments.

While not all wrongful-action appeals have merit, there are numerous legitimate claims as well. Recent statistics, however, indicate that MSPB judges only ruled in favor of federal employees 1.7% of the time, a statistic comprised from 4,698 cases from around the nation (Colapinto). With judges only ruling in favor of former and current federal employees 1.7% of the time, it’s difficult to believe that there is any real protection for whistleblowers who are working for federal employers.

Without the assurance of protection from external agencies, the majority of potential federal employee whistleblowers are bound to remain silent, which is great for federal employers looking to bend the rules. It’s not a good thing, however, for the federal employees working in environments where rights are ignored and dissent is sanctioned. There are also other victims when federal employers are able to ignore the rules set in place by the American legal system: the American people. When federal employers are able to operate free from the constraints of law and morality, they are able to exploit and manipulate the American people in any number of ways.

If you are a federal employee with a workplace grievance, we suggest you contact one of our Merit Systems Protection Board attorneys today to help establish and protect your rights today.

]]> http://www.mspbattorneys.com/Federal-Employee-Appeals/2010/07/merit-systems-protection-board/feed/ 0 How the MSPB Protects Whistleblowers’ Rights http://www.mspbattorneys.com/Federal-Employee-Appeals/2010/07/mspb-whistleblowers-rights/ http://www.mspbattorneys.com/Federal-Employee-Appeals/2010/07/mspb-whistleblowers-rights/#comments Thu, 15 Jul 2010 10:36:43 +0000 admin http://www.mspbattorneys.com/Federal-Employee-Appeals/?p=374 There are several federal boards and agencies designed to protect the rights of civil-service employees. The Merit Systems Protection Board, often referred to as the MSPB, is one of the boards that was established with the purpose of protecting civil-service employees from unfair personnel decisions. These decisions, which may include demotion or termination, can be appealed through the MSPB. People who report illegal activities in the workplace, whistleblowers, are often sanctioned in unfair ways. These sanctions, which are often as extreme as termination, can be effectively addressed by filing an appeal through the MSPB.

Before filing an appeal with the MSPB, certain steps usually must be taken. Since federal laws protect federal employees and federal job applicants, appeals should take place in the manner mandated by federal law. We recommend you speak with one of our federal employment lawyers, and we are happy to offer free initial consultations by phone. It is important to note that these federal laws, in most situations, require that appeals pass through the Office of Special Council as stated in the Whistleblower Protection Act. However, when a whistleblower suffers an adverse sanction specified in the general jurisdiction of the MSPB, appeals can be filed with the MSPB directly, which circumvents the need to go through the Office of Special Council first.

Once the MSPB receives an appeal concerning whistleblowing, it can do several things to help. If, for instance, a federal employee is fired because of whistleblowing, the MSPB can fight to get the employee the financial damages due to them. In other cases, even when the affected party is only demoted, the MSPB will work to recover the losses incurred.

Actions taken by the MSPB to protect each individual whistleblower are designed to protect the legal rights that all potential, current, and former federal employees have. The protection of these rights is vital because it ensures that government agencies operate with the utmost respect for the United States’ legal and ethical standards. Of course, many governmental agencies don’t appreciate the negative attention that whistleblowers can generate, but with the help of the MSPB, justified whistleblowers can do the right thing without suffering unfair consequences.

]]> http://www.mspbattorneys.com/Federal-Employee-Appeals/2010/07/mspb-whistleblowers-rights/feed/ 1 Explanation Of The Merit Systems Protection Board (MSPB): http://www.mspbattorneys.com/Federal-Employee-Appeals/2010/04/merit-systems-protection/ http://www.mspbattorneys.com/Federal-Employee-Appeals/2010/04/merit-systems-protection/#comments Fri, 16 Apr 2010 17:53:28 +0000 admin http://www.mspbattorneys.com/Federal-Employee-Appeals/?p=371 What is the Merit Systems Protection Board?

The federal Merit Systems Protection Board, or the MSPB, is an independent federal agency that conducts civil service studies and reviews significant actions of the Office of Personnel Management primarily to protect the rights of federal civil service employees against abuses by management. Designed to be independent of partisan politics, the MSPB provides federal employees an opportunity to appeal adverse and unfair personnel decisions. To ensure and fulfill its role as an independent agency, the MSPB has been carefully organized with board members appointed by the President of the United States.

At present, the board consists of three members: Chairman Susan Tsui Grundmann, Vice Chairman Anne Wagner, and Member Mary M. Rose. The board works closely with the counsel, administrative law judges, and central and regional office staff to implement MSPB procedures and achieve its mission. The MSPB headquarter is in Washington D.C. with regional offices in Atlanta, Chicago, Dallas, Philadelphia, and San Francisco.

If you are a federal employee who has been denied a legal right, suffered an adverse action, or suffered from a prohibited personnel practice, you should seek the assistance and advisement of one of our experienced federal employment attorneys. A qualified employment attorney will have experience before the Merit Systems Protection Board, be able to determine if your claim falls within MSPB jurisdiction, and help you take the necessary steps to make your MSPB appeal if appropriate. If you would like a free consultation, contact our law firm today!

]]> http://www.mspbattorneys.com/Federal-Employee-Appeals/2010/04/merit-systems-protection/feed/ 1