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“Major reversal” is an understatement. In June, the new MSPB overruled over a decade’s worth of cases to redefine the comparator analysis under Douglas — and made it clear it isn’t done with the Douglas factors yet.
Robert Erbe, one of the nation’s top Douglas factors experts, will lead this must-attend training examining the MSPB’s recent take on the Douglas factors when analyzing the reasonableness of penalties, including the consideration of similarly situated employees, how much weight certain factors should be given, and how it all will impact your agency’s penalty determinations moving forward.
You’ll learn about new and proposed changes to the law plus what role a Biden administration-appointed MSPB will have in helping guide agencies through penalty determinations. You’ll also leave with best practices to:
- Identify appropriate comparator employees under the controversial Douglas factor 6
- Take concrete steps to prepare and document a penalty determination that can stand up to review
- Work with the deciding official to ensure that all the factors are properly considered
- Take a more proactive approach in avoiding common due process mistakes
- Minimize risks of reversal by properly weighing each Douglas factor in accordance with new MSPB rulings
- And more