Change happens in the world of Federal employee relations, and it often comes quickly. Those who succeed continuously sharpen their MSPB skills and refresh their knowledge. Those who don’t fall behind. FELTG’s MSPB Law Week provides an all-encompassing week of training that offers the most effective guidance and up-to-date information available.

Monday, December 9: The Foundations of Accountability; Adverse Actions

Let’s start with the backbone (and statutory basis) of accountability – the Civil Service Reform Act and related statutes and regulations. We’ll discuss the five elements of every disciplinary case and the burdens of proof, the critical aspects of penalty selection and defense, and discipline procedures and appeals.

Tuesday, December 10: Disciplinary Charges

We will continue to our discussion on due process and then jump into the types of charges, parts of a charge, and how charges are interpreted by the MSPB. Learn all you need to know about charging, including the difficulty of proving the “intent” charge element and alternative options to difficult charges.

Wednesday, December 11: Defensible Penalties

How in the world do you know the appropriate penalty for a Federal employee who engaged in misconduct? We’ll answer that question for you as we dive into MSPB and Federal Circuit lead cases in penalty determination. Discussion will include getting “intent” penalties off of “non-intent” charges, proving harsh penalties off of vanilla charges, penalty mitigation, and more.

Thursday, December 12:  Handling Unacceptable Performance

The focus shifts to unacceptable performance actions today. We’ll discuss drafting defensible performance standards, collecting proper documentation, implementing a demonstration period (DP) or PIP, defeating the performance rollercoaster, and the impact of the 2021 Santos v. NASA decision.

Friday, December 13: Defending Against Whistleblower Reprisal Claims and other Affirmative Defenses

MSPB Law Week closes with guidance on the complex issue of whistleblower reprisal complaints. We’ll cover the categories of protected disclosures, actions that could constitute retaliation, and the Carr analysis, plus claims of harmful error, reprisal for union activity, and excessive penalty findings.

Learning objectives

• Differentiate between misconduct and unacceptable performance.
• Avoid common charging mistakes.
• Conduct an effective Douglas factor analysis.
• Remove an unacceptable performer in 31 days.
• Recognize the categories of protected disclosures.

Training time

12:30 pm – 4:30 pm ET each day

Pricing

Early bird (register by November 9, 2024)

• 5 days = $1,895
• 4 days = $1,575
• 3 days = $1,230
• 2 days = $895
• 1 day = $565

Standard (register November 10 through December 13, 2024)

• 5 days = $1,995
• 4 days =$1,675
• 3 days = $1,330
• 2 days = $995
• 1 day = $665

Event FAQs

Can I attend this class using my government computer?

This event will be held on Zoom. Many government computers and systems allow Zoom access. If, for some reason, your firewall will not allow access, you are welcome to use your personal email address to register and to attend the sessions from your personal device. Dial-in telephone access is also available.

Can I earn CLE credits for this class?

CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees. If you are seeking CLE credit, you may use the materials provided by FELTG in submission to your state bar. You may also request a certificate of completion which will contain the number of training hours attended.

Can I share my access link with co-workers?

No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.

Can I register a teleworker?

This event is individual registration, so the cost is the same whether the person is teleworking or attending from an agency facility.

How do I receive a group discount?

Group discounts are available for agencies registering 10 or more individuals for the full event, and are available through the early bird registration deadline. The group discount must be requested in writing with registration submission via email or fax.

What are the Substitute, Cancellation and No-show Policies for Registered Participants?

Substitutions may be made at no cost with advance notice to FELTG. We kindly request 24 hours’ advance notice. No substitutions will be permitted within one hour of the training start time. No cancellations are accepted within 30 days of the training start date. No cancellations are accepted on pre-paid registrations. There are no refunds for no-shows.

On the surface, probationary periods seem rather simple. An employee is given a year to prove they are a good fit for the job, and if they aren’t, it’s an easy separation process, right? Generally, yes, but there can be challenges. What if you are unable to make an appropriate determination at the end of an employee’s probationary period? Must you notify employees when their probationary periods are coming to an end? Can you discipline or PIP someone during their probationary period?

This course will answer all your questions about probationary periods, whether it’s after hiring or related to reinstating an employee. Attendees will learn the impact of reinstatement authority on the probationary period, gain an understanding of the importance of the probationary period, and become familiar with OPM’s 2023 guidance on Maximizing Effective Use of Probationary Periods.

Learning objectives

• Identify the various types of employment status.
• Discuss the benefits of removing a probationary employee.
• Differentiate between pre- and post-employment procedures.

Training time

1:00 pm – 3:00 pm ET

Pricing

Early bird (register by October 1, 2024)

• $345

Standard (register October 2-31, 2024)

• $385

Event FAQs

Can I attend this class using my government computer?

This event will be held on Zoom. Many government computers and systems allow Zoom access. If for some reason your firewall will not allow access, you are welcome to use your personal email address to register and to attend the sessions from your personal device. Dial-in telephone access is also available.

Can I earn CLE credits for this class?

CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees. If you are seeking CLE credit, you may use the materials provided by FELTG in submission to your state bar. You may also request a certificate of completion, which will contain the number of training hours attended.

Can I share my access link with co-workers?

No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.

Can I register a teleworker?

This event is individual registration, so the cost is the same whether the person is teleworking or attending from an agency facility.

How do I receive a group discount?

Group discounts are available for agencies registering 10 or more individuals by the early bird registration deadline. The group discount must be requested in writing with registration submission via email or fax.

What are the Substitute, Cancellation, and No-show Policies for Registered Participants?

Substitutions may be made at no cost with advance notice to FELTG. We kindly request 24-hour advance notice. No substitutions will be permitted within one hour of the training start time. No cancellations are accepted within 30 days of the training start date. No cancellations are accepted on pre-paid registrations. There are no refunds for no-shows.

This is a test.

A surprisingly large number of agency dismissals are overturned by the EEOC each year – and a remand years after the events in question can equal big problems when it comes to the investigation. This class covers all you need to know on when to accept, when to dismiss, and how to frame EEO claims.

Wednesday, oct. 30: Get it Right the First Time: Accepting, Dismissing, and Framing EEO Claims, Part I

Sometimes your agency has a responsibility to dismiss an EEO complaint. However, you do so at your own risk. In the first of this two-day class, we tackle the basis for dismissing claims, review the legally protected categories and how to spot and frame disparate impact, hostile work environment, and reasonable accommodation claims.

Thursday, Oct. 31: Get it Right the First Time: Accepting, Dismissing, and Framing EEO Claims, Part II

The second day of this class focuses on reprisal, timeliness principles, and much more. And before the training concludes, you’ll participate in an exercise to refresh what you’ve learned on the topic.

Learning objectives

• Identify claims that do not fall under the EEO process.
• Analyze contractor EEO complaints.
• Draft legally sufficient acceptance and dismissal documents.

Training time

1:00 pm – 4:30 pm ET each day

Pricing

Early bird (register by Sept. 30, 2024)

• 2 days = $825
• 1 day = $495

Standard (register through Oct. 31, 2024)

• 2 days = $925
• 1 day = $595

Event FAQs

Can I attend this class using my government computer?

This event will be held on Zoom. Many government computers and systems allow Zoom access. If for some reason your firewall will not allow access, you are welcome to use your personal email address to register and to attend the sessions from your personal device. Dial-in telephone access is also available.

Can I earn CLE credits for this class?

CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees. If you are seeking CLE credit, you may use the materials provided by FELTG in submission to your state bar. You may also request a certificate of completion, which will contain the number of training hours attended.

Can I share my access link with co-workers?

No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.

Can I register as a teleworker?

This event is individual registration, so the cost is the same whether the person is teleworking or attending from an agency facility.

How do I receive a group discount?

Group discounts are available for agencies registering 10 or more individuals for the full event by the early bird registration deadline. The group discount must be requested in writing with registration submission via email or fax.

What are the Substitute, Cancellation, and No-show Policies for Registered Participants?

Substitutions may be made at no cost with advance notice to FELTG. We kindly request 24-hour advance notice. No substitutions will be permitted within one hour of the training start time. No cancellations are accepted within 30 days of the training start date. No cancellations are accepted on pre-paid registrations. There are no refunds for no-shows.

If a Federal employee is required to have access to classified information, then the employee must be eligible for a security clearance in order to keep that position. What happens when the employee no longer has that clearance?

This class will detail how to handle a security clearance suspension, revocation and any resulting indefinite suspension or removal from employment. We’ll discuss MSPB’s role, the proof the agency needs to provide if the employee appeals a removal, and the pitfalls agencies must avoid.

Learning objectives

• Identify and understand Executive Orders pertaining to national security.
• Understand the National Security Adjudicative Guidelines.
• Recognize the agency’s burden when removing an employee for failure to maintain a security clearance.

Training time

1:00 pm – 3:00 pm ET

Pricing

Early bird (register by Oct. 8, 2024)

• $345

Standard (register through Nov. 7, 2024)

• $385

Event FAQs

Can I attend this class using my government computer?

This event will be held on Zoom. Many government computers and systems allow Zoom access. If, for some reason, your firewall will not allow access, you are welcome to use your personal email address to register and to attend the sessions from your personal device. Dial-in telephone access is also available.

Can I earn CLE credits for this class?

CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees. If you are seeking CLE credit, you may use the materials provided by FELTG in submission to your state bar. You may also request a certificate of completion which will contain the number of training hours attended.

Can I share my access link with co-workers?

No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.

Can I register as a teleworker?

This event is individual registration, so the cost is the same whether the person is teleworking or attending from an agency facility.

How do I receive a group discount?

Group discounts are available for agencies registering 10 or more individuals by the early bird registration deadline. The group discount must be requested in writing with registration submission via email or fax.

What are the Substitute, Cancellation, and No-show Policies for Registered Participants?

Substitutions may be made at no cost with advance notice to FELTG. We kindly request 24-hour advance notice. No substitutions will be permitted within one hour of the training start time. No cancellations are accepted within 30 days of the training start date. No cancellations are accepted on pre-paid registrations. There are no refunds for no-shows.