The MSPB is taking an aggressive, closer look at proof that agencies have conducted a thorough Douglas factor analysis in determining the reasonableness of your penalty selection. If you aren't conducting a proper analysis for each case, you're at serious risk of a judge mitigating your penalty selections.

This unique scenario-based resource breaks down each of the 12 Douglas factors to show you how no factor alone can justify a reasonable penalty determination. Through explanations of each factor and details on how it applies to realistic situations, you gain a solid understanding of what the MSPB looks for when reviewing the agency's penalty determination.

In straightforward language, you learn how to balance the aggravating and mitigating circumstances to determine a reasonable penalty through a proper Douglas factor analysis that won't have your penalty overturned. Plus, you also find out how to:

• Recognize a shift in how the Board and courts interpret the factors when it is not readily apparent
• Determine whether a penalty is justified compared to a "similarly situated" employee
• Decide whether length of service is a benefit or detriment when determining a reasonable penalty

And, a Douglas factor worksheet will help you ensure nothing has been overlooked when working through each new penalty determination -- a tool you'll rely on again and again!