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Employee Rights Archives

It's hard to know what's what when national security is a factor

In our previous post, we introduced readers to Kalkines and Garrity. These are forms of warning similar to the one most people are familiar with – the Miranda warning. One key thing that makes them different is the circumstances in which they are used. Federal officials are required to issue Kalkines/Garrity warnings to interview subjects when they investigate suspected or alleged misconduct. If the purported wrongdoing is criminal in nature, authorities are required to Mirandize you before placing you in custody.

You know Miranda. Now meet Kalkines and Garrity

There is a warning about your legal rights that nearly everybody knows, even if they have never heard the words directly from an investigator. If you have ever watched a cop show on television you appreciate that "you have a right to remain silent" when being questioned. And, anything you say after you have been read your rights can be used against you in a court of law. It's the Miranda warning.

Streamlined VA firing rules might spark new legal challenges

One of the specific targets under the Trump administration's "drain the swamp" theme is the alleged corruption in the Veterans Affairs department. The VA has been in the crosshairs for several years after discoveries that veterans were dying because of delayed treatments and apparent administrative cover-ups of those delays.

What factors does the MSPB consider in discipline reviews?

Discipline is not a one-size-fits-all kind of thing. This is as true within the construct of the federal employment system as it is in any other. It's for this reason that no two cases brought before the Merit Systems Protection Board in appealing disciplinary action are ever alike.

Higher per diem rates won't put fed workers in any Trump hotels

Using per diem allowances to pad reimbursements for business travel happens. It's not supposed to, but it does. One way the federal government tries to manage the risk is by setting limits on what employees can recover for expenses incurred for work-related travel.

Leaking, whistleblowing: Is there a difference?

President Trump expressed support for leaking when it suited his election campaign. Now that he's in office, his attitude is changed. Some might liken the flow of leaks from within the administration to having a screen door on a submarine. Boats with such a design flaw cannot stay afloat long, and so it is that the president has been goading his attorney general to take some action. It appears to have worked. Attorney General Jeff Sessions said recently, "We are taking a stand. This culture of leaking must stop."

New VA accountability law raises concerns over employee rights

If at first you don't succeed, try, try again. Several weeks ago, we posted about how laws shielding federal workers from retaliation undergo seemingly constant tweaks to close apparent loopholes. This is a positive thing insofar as it contributes to protecting rights of government employees around the country when they face adverse job action.

Protecting federal workers from political bullying

A doctor knows that to provide a patient the right treatment, it's necessary to have the right diagnosis. The same can be said of addressing legal ailments. Experienced federal employment attorneys dedicated to protecting the due process rights for civil service workers know that the right strategy depends on knowing and understanding the full scope of events behind disciplinary actions pursued by higher ups.

What's best first step making a whistleblower reprisal claim?

Any parent ever called upon in a squeeze to officiate at a child's soccer or baseball game knows that it can be a thankless task. The first time you blow that whistle over an infraction, you run the risk of incurring the wrath of another parent who didn't have the guts to step up at the first call for volunteers.

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