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Crafting Appropriate Disciplinary Charges for Misconduct in the Federal Workplace

 
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Presented by William Wiley

The MSPB and the courts hold federal agencies strictly accountable for properly labeling disciplinary charges and selecting appropriate penalties — and the pressure is on agencies to get it right. Seemingly insignificant choices can have huge impacts on whether or not a charge is reversed. And 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.

In just 90 minutes, federal employment law expert William Wiley, a former chief counsel with the MSPB, covers the pros and cons of 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
  • Why proper charging is fundamental to our Constitutional system of justice
  • And more!

What's more, you learn how to:

  • Construct a charge based only on provable allegations
  • Compose a proof chart simultaneously while composing a proposal letter
  • Coach a deciding official to ignore facts of record that are not in the proposal letter

(2009. CD. 90 min. Product Code: 4900.022409)


(Printed materials included. CDs must be prepaid. No returns on CDs.)


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