The MSPB and the courts hold federal agencies strictly accountable for proper charge labeling and penalty selection - and the pressure is on agencies to get it right. Seemingly minor choices can have huge impacts on whether or not a charge is reversed. Penalty selection is just as important. If the agency fails to properly defend a penalty selection, it will have to modify the penalty and pay the employee’s attorney's fees.
Unfortunately, there’s no one MSPB decision or specific CFR section that details exactly how a charge should be written. And no single MSPB case fully explains the defense of a penalty judgment.
Join federal employment law expert William B. Wiley, Esq., a former chief counsel with the MSPB, for this 90-minute audio conference where you’ll get an in-depth look at crafting appropriate disciplinary charges and selecting defensible penalties.
Mr. Wiley covers the three formats for framing a charge, as well as:
- The advantages and disadvantages of a labeled charge
- How to find and use charge label elements
- “Charging down and proving up” by careful wording of the proposal letter
- And more!
(2006. CD. 90 min. Printed materials provided.)