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Employee Rights Archives

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.

Freeze could send more than shivers through federal workforce

The recent change in government isn't unusual. That doesn't mean it is without its wrinkles. While President Trump's executive order freezing hiring is something anyone could expect, the level of confusion resulting is more unsettling. While some agencies reportedly are exempt, the order's lack of detail is ginning up confusion for workers in those same agencies and others across the country.

Is federal employee resistance wise in the Trump universe?

The Uniform Code of Military Justice in the United States makes clear that a service person's duty is to "obey any lawful general order or regulation." Failing to do so can mean a court-martial and dire consequences. The key word in that bit of code is "lawful." Many legal observers would argue that if a service person is obliged to follow a lawful order, he or she has an equal obligation to disregard an unlawful order. They might also argue that the same rule applies to civilian federal employees in Texas and elsewhere in the system.

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