In the seminal case Douglas v. Veterans Administration, the MSPB listed 12 factors that agencies must balance when determining the appropriate penalty for an employee's misconduct. But the MSPB didn't assign weights to these factors, and not all factors are relevant in every situation.

The MSPB has mitigated many agency penalty determinations because the deciding official failed to consider all relevant factors, improperly considered a factor, or assessed a certain fact under the wrong factor. In this 90-minute audio conference, Mr. Erbe will guide you through the Douglas minefield, with a look at the most recent MSPB case law involving penalty determination -- so you understand how the Board determines whether a penalty is reasonable and how it views a particular Douglas factor.

Plus, you’ll get expert advice including:

• The standard of review the MSPB uses to determine whether a particular penalty is appropriate
• Getting the right results by focusing on the agency's mission and the employee’s duties
• How charging may affect the penalty
• Addressing mitigating factors appropriately and effectively
• And more!

Participants will also learn how to prepare deciding officials to testify using a checklist or Douglas Factor Memorandum.