12-28:.THE
WAY WE WERE (SHAMEFUL): ..IN
A 1985 INVESTIGATION OF A MEMBER OF THE SES, THE OFFICE OF SPECIAL
COUNSEL FOUND THAT:
THE SES MEMBER INFLICTED PHYSICAL PAIN UPON THREE FEMALE EMPLOYEES. HE
STRUCK
MS. DL FROM BEHIND WITH KARATE-LIKE
CHOPS TO HER SIDES. HE CHOKED
MS. JF
AND HE KICKED MS. A. HE ALSO MADE A
VARIETY OF VERBAL AND PHYSICAL SEXUAL ADVANCES TO MS.
A. CAREER ADVANCEMENT WAS OFFERED FOR SOME OF THE SEXUAL ADVANCES.
THESE ADVANCES OCCURRED IN THE OFFICE, ON OFFICIAL TRAVEL, AND OUTSIDE
OF THE WORK PLACE. OSC DID NOT RECOMMEND
REMOVAL; ONLY DEMOTION TO THE GS-13. THE SES MEMBER WAS FURIOUS
AND FOUGHT BACK!..the
case
12-19:.POLICE
ACADEMY SMACKDOWN! WAS
HE WRONGFULLY DISCHARGED FROM THE ACADEMY BECAUSE HE WAS BLACK? MT's
STATEMENT: I ... went to D’s room
to ask them about a situation that happened Thursday night, and I saw M,
D,
and
F ... . I started asking questions about
lies they told to an individual and they denied what was said; And D
started stating that I don't like you and I will kill you ... and M
grabbed me from behind and F grabbed me by
the neck. I tried to get out the best way I could, but it was
three on one. F told M
to kill the nig____!!!!! ... D
went for my throat ... and I pushed him on the bed while M
blocked the door. D grabbed my
finger and twisted it. I threw him off and left. DID THE THREE WHITE
TRAINEES ATTACK HIM? DID HE ATTACK THEM? ..the
case..-.pic-1.-.pic-2
12-18:.SHOULD
SHE BE FORCED TO REPAY A $45,000 DISABILITY ANNUITY OVERPAYMENT? "Recovery
of an overpayment ... will be waived when the annuitant is without fault
and recovery would be against equity and good conscience.".Was
OPM At Fault?.
Zelenka
v. OPM
12-17:.HOMELAND
SECURITY SPECIAL AGENT REMOVED FOR (1) USING HIS
POSITION OF AUTHORITY FOR OTHER THAN OFFICIAL PURPOSES AND (2) MISREPRESENTATION:
Lair
v. DHHS
12-14:.A
PHONY
DIRECTED REASSIGNMENT?
The appellant alleged that he was forced to retire when faced with a threatened
removal for refusing to accept a phony directed reassignment. MSPB:
In order to remove an employee for failure to accept a reassignment, the
agency’s decision to reassign the employee must be bona fide and based
upon legitimate management considerations in the interest of the service.
An
unjustifiable [directed] reassignment cannot serve as the basis for a removal
action....Jones
v. Treas.. (Note the unethically constructed
early out retirement)
12-13:.VEOA
VIOLATION: The
Board’s final order specifically directed the agency to reconstruct its
selection process in order to afford the appellant his right to compete
consistent with law. MSPB:"WE FIND THE AGENCY IS
NOT IN COMPLIANCE WITH THE BOARD’S FINAL ORDER."We
ORDER the agency to reconstruct the selection process ... in accordance
with 5 U.S.C. § 3318 ... "....Endres_v._VA
12-12:.APPLICANTS
CANNOT BE FORCED TO DISCLOSE MEDICATIONS THAT MAY REVEAL THE EXISTENCE
OF A DISABILITY: AGENCY
REMOVED US MARSHALL BECAUSE HE FAILED TO DISCLOSE THAT HE WAS TAKING A
DRUG FOR A.D.D. ON A FORM PRIOR TO BEING HIRED. PER
MSPB: Under the ADA "... Congress wished
to curtail all questioning that would serve to identify and exclude persons
with disabilities from consideration for employment ..." "
... we hold that an agency’s question, prohibited to the extent that
it would elicit disability-related information ... cannot form the
basis of a charge of falsification. ".-
.more
12-07:
PLEASE
REVERSE MY REMOVAL FOR FALSIFCATION. MY MAMMA COMPLETED MY
RESUME, SO
I AM NOT RESPONSIBLE. I AM IRRESPONSIBLE! .more
12-05:.FBI
Employee Was Removed For Videotaping His Sexual Encounters With Other FBI
Employees Without Their Consent: .At
the initial stage, the MSPB AJ reversed the Removal. The FBI appeald
to the MSPB Full Board. Read the MSPB Full Board Decision...-
.JohnDoe_v_Justice
12-05:.DISABILITY
RETIREE WAS NOTIFIED THAT SHE RECEIVED $7,000 IN ANUITY OVERPAYMENTS:..OPM
ordered her to pay $213 for 32 installments. She appealed to
MSPB claiming poverty. MSPB AJ ordered her to pay $69 for 99 installments.
She appealed to the MSPB Full Board again claiming poverty. WHAT
DID THE MSPB FULL BOARD ORDER? ..-
.more.
12-04:.CHRISTMAS
DECORATION DISCRIMINATION? Was
The Employee Discriminated Against Because He Had To View Christmas Decorations?..The
manager placed religious literature in the main office, allowed staff to
hang Christmas decorations and played Christmas music.DISCRIMINATION?
.more
..excerpt
from "Merry Christmas Darling"..by
Tammy Cochran
12-03:.DRAFT
2008 SALARY TABLES: Go to < PAY section
of Permerica.com
11-27:.HOT
CASE! FEDERAL
CIRCUIT POISED TO OPEN FLOOD GATES ON DISABILITY RETIREMENT DETERMINATIONS:
IN A RECENT PRECEDENTIAL DECISION, THE FEDCIR REJECTS OPM'S
REQUIREMENT FOR "OBJECTIVE" TESTS WHEN THE ALLEGED DISABILITY ARISES FROM
PURELY PSYCHOLOGICAL, AS OPPOSED TO PHYSICAL, DISORDERS. "
While
the ultimate determination of whether the evidence has satisfied the applicant's
burden of proof rests first with OPM and then with the MSPB, we hold that
it is legal error for either agency to reject submitted medical evidence
as entitled to no probative weight at all solely because it lacks so-called
"objective" measures such as laboratory tests. --- The
problem with a requirement of "objective" tests is particularly pronounced
when, as here, the alleged disability arises from purely psychological,
as opposed to physical, disorders. No laboratory tests or physical examinations
exist, or are even known to be possible, to diagnose some psychological
disorders. And the practice of psychologists often consists entirely of
professional assessment of patient-reported symptoms and experiences. Thus,
requiring objective medical evidence would often discriminate against those
civil servants who suffer from legitimate, disabling psychological disorders.
... flatly refusing to consider such medical evidence simply for
being "purely subjective" is a critical legal error and, at least in a
case like this, clearly prejudicial. Here, it is clear that both
OPM and the MSPB committed this legal error.".-
.(fedcir
decision)
11-21:.INDEFINITE
SUSPENSION: FEDCIR PRECEDENTIAL DECISION:
5 U.S.C. 7513(b)(1) should be construed to set forth the circumstances
needed to justify overriding the 30-day notice requirement and not the
degree of proof ultimately needed to justify the suspension itself. .(RecentOrder)
Perez_v_Justice..-
.5U.S.C.75(AdverseActions)..-
.(OriginalDecision)
Perez_v_Justice.
**-**:.DONATE
TO PERMERICA.COM..
-..Donate
Here
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Contributes A New Story To National Public Radio Each Year.
* LISTEN
TO BAILEY WHITE'S STORY "Bus Ride":..REAL.-.WMP.-.WMP
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11-19:.RARE
COMBINATION (OWCP AND CONSTRUCTIVE SUSPENSION) CASE: This case is
very instructive. Read the case carefully and save it for future
reference. ..-..read
more
11-09:.YOU
MUST DO THIS NOW! ADD 5CFR 1201.22(c) LANGUAGE TO YOUR MSPB
APPEAL RIGHTS BOILERPLATE: MSPB dismissed
a removal appeal filed 60 days late. Fedcir overturned the dismissal
on grounds that the agency's removal letter did not include language from
5 C.F.R. §1201.22(c).
ADD 5CFR 1201.22(c) Language To The Boilerplate
Of Any Document That Informs Employees Of Timeframe For Filing MSPB Appeal!
(Adverse Action, Probationary Termination, WIGI denial, etc)
.5
C.F.R. §1201.22(c).
-
.Ladrido
v. MSPB.-.
YOUR
FEEDBACK.
11-08:.REDUCTION
IN FORCE PORTAL: Go to <Employment
section
of Permerica & scroll.
11-08:.FEDCIR:Veteran
injured his knee during military training prior to being employed by the
Air Force as a civilian. In 2005, his supervisor ordered a fitness
for duty exam, placed him on indefinite suspension, then fired the vet
for Physical Inability to Perform the Duties of his Position. He
appealed alleging he was wrongfully removed based on age and disability
discrimination. .read
11-06:.TRAVEL
AND RELOCATION DECISIONS: Go to <Decisions
section of Permerica & scroll.
11-06:.DOLLY
SINGS THE BLUES (Soulful Side of Ms. Parton):
.
10-31:.EEO
SPECIALIST WAS ERRONEOUSLY ISSUED A $4,158.00 TRAVEL CHECK..The
check got cashed. She stated that she never received the check.
The agency removed her on charges of Disgraceful Conduct, False Statements
and Lying. .more
10-29:.ENFORCED
LEAVE GOOF?
,THE AGENCY PLACED EMPLOYEE ON ENFORCED LEAVE.
THE EMPLOYEE FILED AN MSPB APPEAL AFTER THE ENFORCED LEAVE EXCEEDED 14
CALENDAR DAYS. OOPS! SO THE AGENCY PLACED THE EMPLOYEE
ON ADMIN LEAVE RETROACTIVELY. DID THE BOARD HAVE JURISDICTION? .more
10-26:.DO
YOU REMEMBER BOBBY TAYLOR AND THE VANCOUVERS? IN
1968 THEY INVADED THE US FROM CANADA. AFTER CHARTING THREE SONGS
(DOES YOU MAMMA KNOW ABOUT ME, MALINDA, AND I AM YOUR MAN) THEY DISAPPEARED
BACK TO THAT MYSTERIOUS PLACE UP NORTH.
..pix-.vanc
..-..
10-25:.THAT
MANAGER SET ME UP! - BOARD FINDS
THAT MANAGER SET EMPLOYEE UP FOR A "FAILURE TO COOPERATE" CHARGE - THEN
SUSPENDED THE EMPLOYEE FOR 30 DAYS: "...
Plourde’s failure to inform the appellant of the means to resolve his expressed
concerns about the investigation compels the inference that her purpose
in questioning the appellant was not simply to gather information, but
instead to force the appellant into a failure to cooperate with the investigation,
thereby providing the means to punish him ..."...read
10-24:.HOW
TO SEARCH FOR MSPB DECISIONS USING THE MSPR
NUMBER:MANY
TIMES WHILE RESEARCHING CASELAW, A RELATED CASE IS CITED WITH A MSPR NUMBER
(92 MSPR 355). UNFORTUNATELY, IF YOU TYPE "92
MSPR 355" INTO THE MSPB SEARCH FORM YOU WILL GET NO RESULTS.
TIP: ADD PERIODS AFTER EACH LETTER "92 M.S.P.R.
355"
AND YOU WILL GET GREAT RESULTS. ALSO, the MSPB
search engine has recently been updated to include decisions back to 1983...<DECISIONS
10-22:.FAITH:
Roman Catholic priest is removed for misconduct. Priest
appeals removal and wins based on religious discrimination+. Agengy
orderd to return appellant to duty with $3,000 back pay. Priest felt
that he deserved more backpay, so he filed PFR to the full Board.
Does he deserve more backpay?.read
10-19:.BREAKING
NEWS! ..YOU
CAN NOT DISCIPLINE AN EMPLOYEE FOR SOMETHING YOU ALREADY DISCIPLINED HIM
FOR: .
.MSPB ... Although the constitutional
prohibition against double jeopardy applies only to defendants in criminal
cases and not to petitioners in administrative proceedings before the Board,
the Board has held that an agency cannot impose disciplinary or adverse
action more than once for the same misconduct..
Gartner_v_ARMY..
10-11:.USPS
FIRED THE CLERK FOR
MISAPPROPRIATION OF FUNDS AND OTHER FINANCIAL IMPROPRIETIES. The
arbitrator ruled against the agency and ordered the employee returned to
duty with back pay. After USPS refused to comply again and again
for over a year, the Union filed a lawsuit. Who won?.more
10-10:.EXCEPTED
SERVICE TRIAL PERIOD: PRIOR SERVICE CAN
BE CREDITED TOWARDS COMPLETION OF A LATER TRIAL PERIOD if (1) The
prior service was performed in the same agency; (2) it was performed in
the same line of work; and (3) the trial period is completed with no more
than one break in service of less than 30 days. See 5 C.F.R. § 315.802(b):.more
10-10:.HAVE
YOU HEARD OF RYAN SHAW? THIS
ENERGETIC 26 YEAR OLD SOUL SINGER IS BLOWING LIVE AUDIENCES AWAY NATIONWIDE.
One amazon.com reviewer wrote "He put on a good live show and had massive
pipes to carry out the tunes." CD "This Is Ryan Shaw"RyanShaw.-.Amazed
Fans!
10-09:.ROLLER
COASTER EFFECT:
After successful completion of PIP, employee can be removed if performance
dips in same critical element AND removal is proposed within 12
months after PIP start date..more
10-05:.EEO
ISSUES: OEDCA
DIGEST – SUMMER 2007 - Topics include licensure requirements, “technical”
findings of discrimination, burden of proving a disability, “material adversity”
in reprisal claims, constructive discharge, and inability to interact with
others as a disability. .HTML.-.PDF.-.DOC
10-04:.DISCRIMINATION?
- SUPPLY TECHNICIAN WAS REMOVED FOR:
(1)
Absence Without Leave (AWOL) (25 specifications); (2) Failure to Follow
Proper Leave Request Procedures (25 specifications); (3) Failure to Follow
Supervisory Instruction; (4) Failure to Follow a Supervisory Order; and
(5) Unauthorized Access of Employee Medical Records. She Appealed...-..more
10-02:.MEET
SHANNON, 5'7", ATTRACTIVE AND SINGLE:..
09-28:.IT
WAS HELL MAN !!! .I
WAS FORCED TO LOOK AT CHRISTMAS STUFF: My manager placed
religious literature in the main office, allowed staff to hang Christmas
decorations and played Christmas music.DISCRIMINATION? .more.-
.
09-28:.VEOA:
RECONSTRUCTION
OF THE HIRING PROCESS IS THE APPROPRIATE REMEDY IN THIS CASE,
NOT AN ORDER TO APPOINT THE APPELLANT RETROACTIVELY TO A PARTICULAR POSITION.
Where
retroactive relief is appropriate, the Board will not order a retroactive
appointment as a remedy, but an individual may be entitled to retroactive
back pay if it is determined that he/she would have been hired in
the absence of the violation of his/her rights. .more
09-26:.AN
EEO CASE YOU MUST READ: The
plaintiff contracted Dengue Hemorrhagic Fever (“DHF”) while traveling in
Brazil on the business of her agency. The disease nearly killed her.
Specifically, the Court finds that the agency violated the Rehabilitation
Act of 1973 when it refused to return the plaintiff to work and discharged
her. .more..
...DHF
09-13:.IRS
IS A GLASS TAX HOUSE: .REMOVED
FOR OVERSTATING TAX DEDUCTIONS+..decision
09-12:.DHS
ORDERED CRIMINAL INVESTIGATOR TO UNDERGO A FITNESS FOR DUTY EXAM. He
refused to sign the medical release citing HIPAA. DHS Removed him
for Insubordination. .decision
09-07:.NO
FOOT IN THE DOOR AT MSPB = NO DISCRIMINATION CONSIDERATION AT MSPB:
GENERALLY, unless the employment action is appealable to MSPB, the asserted
reasons for the action (discrimination, etc) are not within the Board's
review authority. He claimed that the Navy engaged in discrimination by
repeatedly promoting younger and less qualified employees over him. ..decision
09-07:.NO
FOOT IN THE DOOR AT MSPB = NO DISCRIMINATION CONSIDERATION AT MSPB:
GENERALLY, unless the employment action is appealable to MSPB, the asserted
reasons for the action (discrimination, etc) are not within the Board's
review authority. He claimed that the Navy engaged in discrimination by
repeatedly promoting younger and less qualified employees over him. ..decision
.James
Brown and Pavarotti .(we miss you both
- have a safe journey)
09-06:.DISCRIMINATION?
INSOMNIA,
DEPRESSION AND BACK INJURY: Employee alleged that (1) his
supervisor refused to accommodate his insomnia and depression with
a flexible work schedule and discriminated against him by improperly handling
his absences because of his disabilities...--..decision
09-06:.EEOC:
SEXUAL HARASSMENT.
IF YOU HAVE VIRGIN EYES,
OR LIKE TO PRETEND SO, DO NOT READ THIS DECISION. IT CONTAINS THE
"F" WORD, "P" WORD AND DISCUSSES EXPLICIT SEXUAL ACTS...herstory..--..history
MY
NATURE DOCUMENTARY (BY JACK HANDY) [6 MIN]
09-04:.FLRA
FREE STATUTE TRAINING CLASSES: SOME SLOTS ARE STILL OPEN: Unlike
the EEOC, the FLRA presents its training at no cost to participants. .more
08-31:.FEDCIR
ISSUES AN IMPORTANT SECURITY CLEARANCE DECISION:.WHILE
NOT EARTH SHATTERING PER SE, THIS DECISION CLARIFIES THE IMPORTANCE OF
MAINTAINING A REQUIRED SECURITY CLEARANCE, THE CONSEQUENCES OF REVOCATION,
THE ROLE OF THE AGENCY SECURITY REVIEW BOARD AND THE LIMITED REVIEW OF
MSPB AND THE COURTS: .more
08-24:.PREGNANCY
DISCRIMINATION? ..AFTER
A PHYSICAL ALTERCATION WITH A SUSPECT, THE POLICE OFFICER'S DOCTOR PRESCRIBED
LIGHT DUTY DURING HER PREGNANCY. THE POLICE CHIEF NOTIFIED HER THAT
THERE WAS NO LIGHT DUTY AND THAT SHE WOULD HAVE TO BE OFF WORK UNTIL SHE
WAS ABLE TO RETURN TO FULL ACTIVE DUTY..-..more
00-00:.MARINE
DOWN
- GONE BUT NOT FORGOTTEN: ..-..see
video
08-20:.CHATTY
CHARLEY GOT FIRED!
JUST LIKE CHATTY
CATHY, THIS DUDE JUST COULDN'T STOP TALKING:REPRIMANDED FOR
MAKING PERSONAL TELEPHONE CALLS. SUSPENDED FOR PERSONAL CALLS.
HE CONTINUED CHATTING UNTIL HE GOT FIRED. .{??
TALKING DISABILITY}.
more
08-16:.INDEFINITE
SUSPENSION: . DOD
proposed her Indefinite Suspension more than eleven (11) months after suspending
her security clearance. She appealed to FEDCIR claiming DOD waited
too long. DID THEY? .more
08-15:.HOW
TO LOSE YOUR FEDERAL APPEAL WITH 3 WORDS:
.He
appealed the MSPB decision that sustained his removal for "Excessive Absence
Without Leave" and "Failure to Follow Instructions." When asked why
MSPB’s decision was wrong, he responded, without further elaboration:
“I DON’T KNOW.” .(Saved
Money by representing himself) .more
08-10:.INDEFINITE
SUSPENSION: .A
MUST READ CASE: .Two
Prison Guards Placed On Indefinate Suspension to Give Agency Time to Investigate
Allegations of Unnecessary Force and Criminal Assault Against an Inmate.
Agency Did Not Invoke The Crime Provision. Study This Case Carefully.
A Rare Chance To Read a Lengthy Discussion of MSPBs Thinking on the Indefinite
Suspension Process and Caselaw. Save This Case For Future Reference.
.more
08-10:
"America" "Too
Low For Zero".From
Kool And The Gang CD "Still Kool".. more
08-10:.FERS
ANNUITY ABRUPTLY TERMINATED AFTER 9 YEARS:
His income exceeded eighty percent of the current rate of pay for the position
from which he had retired, because his employer required him to work overtime
due to the Hurricane Katrina disaster...more
08-09:.APPEALED
HIS DEMOTION AFTER FAILING PIP: .Employee
was obviously ungrateful and/or clueless to the fact that he dodged a bullet
due to lenient management decision. The agency probably should have
removed him after going through the trouble of the PIP. I'm sure the manager
wished he'd listened to ER Specialist after going through MSPB initial,
MSPB full, and Fed Appeals Court processes..more
08-09:.INAPPROPRIATE
BEHAVIOR OF A SEXUAL NATURE,
including teasing, jokes, gestures, display of visual material, or requests
for sexual favors. .more
08-08:.INVOLUNTARY
RESIGNATION? AFTER
TESTING POSITIVE FOR MARIJUANA, HE SUBMITTED A LETTER OF RESIGNATION.
THEN APPEALED CLAIMING COERCED RESIGNATION. .MORE
08-07:.ThePurple
Heart was established by George Washington on August 7, 1782.
.MORE
08-02:.SAMPLE
OF APPROPRIATE INTERVIEW QUESTIONS (UCDAVIS):..DOC..PDF
08-02:.FLRA
STATUTORY TRAINING DATES: Atlanta:(12-13)
.|.
Boston:
(9-19) or (12-4) .|.
Chicago:
(9-25) or (12-12) .|.
Dallas:
(8-8) or (10-17) .|.
Denver:
(9-19) or (12-12) .|.
San
Francisco:
(8-29) or (8-30) or (11-27) or (11-28) .|.
Washington:
(9-19) or (11-28)...MORE
08-01:.OPM.issues
Update to HR Line Of Business (LOB) Process:...july
highlights
08-01:.DOL.-
The
Ragsdale/Penalties section of DOL FMLA Report is Insightful...more
08-01:.OSCwants
to handle all federal USERRA job claims:...more..-..GAO
Report
07-30:."AMERICA"
by
Kool And The Gang From CD "Still Kool"...more
info
00-00:.AGENCY
SAVED BY THE BELLCOURT
- Removal Sustained despite the agency's faulty description, faulty reasoning
and faulty defense of the charged behavior. SURGICAL
DISSECTION/CONSTRUCTION: With The Skill of A Surgeon, the Fed Circuit
dissected the charge and evidence to Sustain the Removal Of Employee for
"Misuse of US Postal Service Funds" based on the employee's Failure To
Repay Government Issued Travel Credit Card In A Timely Manner After Reimbursement
Was Received. The agency found a misuse of $5,308 / The court found
a misuse of only $208 - but still sustained the removal. (Lots of
other goodies contained in this case) decision
.MSPB ... Although the constitutional
prohibition against double jeopardy applies only to defendants in criminal
cases and not to petitioners in administrative proceedings before the Board,
the Board has held that an agency cannot impose disciplinary or adverse
action more than once for the same misconduct..
