Virtual work environments have not only created new challenges in managing federal employees and their performance, they have created new spins on old problems. Participate in this webinar and you’ll get guidance to adapt to the new reality and maintain compliance in this changing area of the law.
Much more than just an overview, the presentation will drill down on specific trouble spots you face when managing and disciplining federal employees who are working remote, telework and hybrid jobs. Attorney Kevin Owen will point out lessons from current MSPB and Federal Circuit case law plus provide best practices your agency can use to address problems with attendance, misuse of government technology, the official worksite designation for teleworkers, and more.
In addition to drafting effective Performance Improvement Plans for virtual workers, you’ll leave with guidance and insights on:
Kevin L. Owen, Esq., is a Partner with Gilbert Employment Law, P.C. and chairs the Adverse Action and Whistleblower Practice Group. He litigates all phases of complaints of employment discrimination and appeals of disciplinary action involving federal employees in administrative forums, primarily the U.S. Merit Systems Protection Board, the Equal Employment Opportunity Commission, the U.S. Office of Special Counsel, and the Federal Circuit Court of Appeals. He has prevailed on many appeals before the MSPB, including appeals involving due process issues violations, complex appeals involving a denial of a security clearance, and constructive suspension appeals related to disability discrimination claims. Mr. Owen is a popular presenter at LRP’s annual FDR Training℠, where he most recently spoke on ER legal issues and FLSA overtime issues.
The success of an agency disciplinary action depends directly on the correct labeling of relevant aggravating, mitigating, and neutral circumstances in the Douglas factors analysis. One misstep and your agency’s penalty will likely be mitigated or even reversed. Avoid this fate with guidance from renowned attorney Robert Erbe.
Using MSPB cases, he’ll take you through the Douglas factors analysis that must be conducted, pointing out critical errors deciding officials frequently make. Plus, you’ll learn how to correctly apply and weigh aggravating, mitigating, and neutral factors, including which factors a deciding official must pay particular attention to, what weight to give to the “neutral” factors, and which mitigating factors cannot be ignored.
You’ll take away best practices to:
Attorney Robert Erbe has been practicing federal sector labor and employment law for more than 20 years. Currently, he is in private practice primarily representing the National Border Patrol Council. During his federal service, he handled more than 100 MSPB appeals for numerous agencies. He is considered an expert on the Douglas factors as well as MSPB practice and procedure. He also writes the “Discipline Advisor” column for cyberFEDS®. He is an Advisory Board member and regular presenter at the annual FDR Training, and is an attendee-favorite presenter of LRP’s Federal Webinars.
With the current push for federal employees to return to on-site work, agencies are caught between meeting RTO requirements and federal employees who claim their disabilities prevent them from returning to the workplace. This webinar will help your agency in its RTO efforts without violating the Rehabilitation Act by unlawfully denying reasonable accommodation.
Covering telework as the most common reasonable accommodation request, attorney Deryn Sumner will outline the process for determining when full-time telework should be offered as a reasonable accommodation. You’ll also explore issues related to denying full-time telework, including alternative accommodations of hybrid work and situational telework, complete with case examples. Also supported by case examples, you’ll learn about accommodation options for on-site work, such as worksite changes and job restructuring.
You’ll leave with best practices to:
Deryn Sumner, Esq., is a Partner at Gilbert Employment Law, as well as Co-Chair of the firm's Federal Sector EEOC Practice Group. She focuses her practice on representing federal employees and agencies before the EEOC and has worked on hundreds of cases involving claims of employment discrimination on the basis of disability, race, age, religion, retaliation, and other bases. She also has experience representing employees and agencies in cases of whistleblower retaliation and adverse action challenges before the MSPB. Ms. Sumner is the co-author of several books on federal sector employment law.