Learn how to effectively and efficiently investigate allegations of employee misconduct with examples, sample forms, and case law discussion. Major topics include what a management inquiry is and how one differs from an administrative investigation, the advantages of an inquiry, how to select a good inquirer, discussion of rights and responsibilities of the inquirer and inquiree, limitations on the inquirer’s authority, interim action, typical charges and penalties, inquiry basics, beginning the inquiry, defining the issues, identifying witnesses, preparing for the inquiry, document gathering, the interview and other ways to collect information, witness preparation, post report activity, and how the report will be used. (more details)

Updated annually, this encyclopedic guide condenses MSPB and Federal Circuit decisions from 1999 through early 2018 into concise, useable summaries. Cases are arranged by subject matter areas of Board jurisprudence and further categorized alphabetically. The MSPB Reference Materials CD and a table of cases rounds out this research tool. Major topics include adverse and performance actions, arbitration/collective bargaining issues, attorney fees, Board procedure, jurisdiction and judicial review, defenses, discrimination, evidence, harmful error, hearings, mitigation, PPPs, retirement, reemployment, remedies, RIFs, settlements, substantive offenses, timeliness, USERRA and VEOA. (more details)

This guide provides everything needed in dealing with procedural and due process issues. Major topics include due process and the statutory scheme; liberty and property and what’s due; the Stone, Ward Criteria, Analytical Model; ex parte communication; Stone, Ward factors in actual practice; agency investigations—constitutional concerns; due process and the agency process; the Ward model—due process and harmful error; due process—security clearances, base bars. (more details)

This thorough but concise handbook offers supervisors and personnel specialists an easy-to-read, step-by-step, practical approach to taking adverse and performance-based actions. The subject matter is not complicated by legalese. Major topics include the legal framework of adverse actions, jurisdiction, adverse action causes, penalties, proving the case, adverse action procedures, performance based actions, and adverse action appeals. (more details)

Ideal for federal supervisors and managers, and anyone who advises them, this handbook is a how-to guide on misconduct, performance and discipline. Major topics include the five fundamental elements of a disciplinary action, the five fundamental elements of a performance action, termination, the defense of a penalty, special challenges to adverse actions, and nontraditional disciplinary techniques. (more details)

Federal Sector Telework is an essential handbook on telework for managers, supervisors, HR officials, and representatives of agencies and complainants. Major topics: Telework Enhancement Act of 2010, coverage, eligibility, participation, limitations, and the intersection of telework with EEO and MSPB principles. (more details)

With practice tips, this guide sorts the laws and procedures related to whistleblower reprisal. The guide includes in depth discussion of the Whistleblower Protection Act, the Whistleblower Protection Enhancement Act, noteworthy cases, and the Presidential Policy Directive (PPD-19). Major topics include legislative history and sources of law; OSC operations; corrective and disciplinary actions; IRAs and otherwise appealable actions; grievances and whistleblower reprisal claims; stays; burdens of proof; qualifying disclosures; prima facie cases and contributing factor analysis; clear and convincing evidence; remedies, damages and relief; administrative and judicial review; and National Security Employees. (more details)

Recently updated, Federal Sector Workers’ Compensation offers the most comprehensive reporting and commentary on all aspects of workers’ compensation issues in the federal sector. Major topics include an overview of the FECA, OWCP procedure, hearings, reconsideration, ECAB appeals, fact of injury, performance, causation, emotional conditions, medical evidence, continuation of pay, schedule awards, rehabilitation and reemployment, wage loss compensation, survivors’ benefits, medical benefits, representation and attorney fees, overpayments, third party liability, relationship between FECA and other laws. (more details)

In its 3rd edition, this Dewey classic provides comprehensive analysis of federal sector practice before the EEOC. Major topics include individual and class complaint processes, theories of discrimination, pre- and post-investigation case evaluations, discovery, settlement, hearing practice, class actions, remedies, and post-hearing procedures. (more details)

This straightforward training manual educates federal supervisors and managers on complaints and theories of discrimination and the complaint process. Advice is liberally interspersed on how to prevent discrimination complaints and how to defend against a complaint. Major topics include a summary of the discrimination laws, covered employees, disparate treatment and impact, harassment, reasonable accommodation, retaliation, strategies for reducing complaints, the EEO complaint and hearing processes, use of government property and time, and coping with the litigation process. (more details)

An updated and expanded classic, this instructive text advises supervisors, managers, and those that advise them on how to take sustainable disciplinary actions with case examples, but none of the legal jargon. Major topics include management and employee obligations, formal and informal discipline, determining penalties, establishing the facts, insubordination, alcohol and drug use, off-duty conduct, workplace violence, performance problems, protected activities, common management mistakes, how to prevent wrongdoing, and firing the worst employee. (more details)

A review of the laws, regulations, statutes, and caselaw governing the federal government’s Senior Executive Service. Major topics include the history and structure of the SES, qualifications, recruitment, candidate development, selection, oversight and probation, appointments, compensation, executive development, reassignments, details and transfers, performance appraisals, awards, removal of probationers for unacceptable performance, misconduct, RIFs, moratoriums, leave, and reinstatement. (more details)

Learn how to effectively and efficiently investigate allegations of employee misconduct with examples, sample forms, and case law discussion. Major topics include what a management inquiry is and how one differs from an administrative investigation, the advantages of an inquiry, how to select a good inquirer, discussion of rights and responsibilities of the inquirer and inquiree, limitations on the inquirer’s authority, interim action, typical charges and penalties, inquiry basics, beginning the inquiry, defining the issues, identifying witnesses, preparing for the inquiry, document gathering, the interview and other ways to collect information, witness preparation, post report activity, and how the report will be used. (more details)

Collective Bargaining allows negotiators and representatives to easily access rules of law and commentary on seminal collective bargaining decisions. Major topics include the change proposal, demand to bargain, obligation to bargain, information to bargain, ground rules, good faith bargaining, negotiability disputes, impasse assistance, finalizing the bargaining agreement, post-agreement obligations and challenges, and remedies. (more details)

Updated annually, the EEO Guide, written by Ernie Hadley with Associate Editor, Natania Davis, offers the most comprehensive analysis of federal sector EEO decisions, litigation practice, statutes, regulations, policies, guidance, and practical advice available to practitioners. This indispensable text is a component of the American Civil Service Law Series. (more details)

HOLD THE PRESS: By request of the author, we alert readers that FLRA is now issuing decisions redirecting the law, reflecting changes in Authority membership. We are holding off our ordinary publication date for a couple of weeks to capture as many new decisions as possible in the 2018 Guide.

Updated annually, the FLRA Guide is a complete research tool on unit determinations, negotiability and the collective bargaining process, unfair labor practices, and arbitration. The Guide includes discussion of cases, laws, and litigation practice before the FLRA and its reviewing courts. Major topics include jurisdiction, unit determinations and elections; labor organizations; procedures and substantive limitations on and specific applications of negotiability determinations; the Federal Service Impasses Panel; ULPs and remedies; review of arbitration awards; and administrative reconsideration and judicial review. This authoritative text is a component of the American Civil Service Law Series. (more details)

In two volumes, updated annually, the MSPB Guide is a complete research tool for Board cases, laws, procedure, and litigation practice and is the seminal text on this complex area of the law. Major topics include MSPB regulatory revisions, Whistleblower Protection Enhancement Act, jurisdiction, appeals, discovery, hearings, evidence, PFRs, adverse actions and discipline, nexus and mitigation, substantive offenses, performance cases, RIFs, PPPs, retirement, attorney fees, settlement, remedies, and judicial review. This authoritative text is a component of the American Civil Service Law Series. (more details)

A Dewey bestseller, Compensatory Damages is the seminal text on how to support and defend against claims for compensatory damages and other remedial claims in federal sector employment discrimination cases. Includes a chart of significant awards. Major topics include equitable and compensatory damages, proving damages, mitigation and offset, back pay, collateral source rule, tax consequences, settlement, managing discovery, calculating damages, attorney fees and selected damages awards. (more details)

A Dewey Best Seller. Charges & Penalties offers the most comprehensive analysis and authoritative advice on adverse actions, charge drafting, and penalty selection by using Board and Federal Circuit cases as examples. Using Board and Federal Circuit cases as examples, Charges & Penalties offers the most comprehensive analysis and authoritative advice on adverse actions, charge drafting, and penalty selection. Major topics include the basics of adverse actions and charges; causation; charge classification; specific, generic, and narrative charges; power charging; lesser-included offenses; charge interpretation; notice and due process; the conjunctive charge; indefinite suspensions and security-related charges; merging, selecting and drafting the charge; advice for proposing and deciding officials; the penalty; and charges and proof requirements. (more details)