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Now that the MSPB has two members of the same political party, the board’s decisions related to penalties may take on a new look as it interprets the Douglas factors a bit differently. In this live webinar, noted Douglas expert Robert Erbe will share the new MSPB’s philosophy and how it is reviewing agencies’ Douglas factors analyses.

Mr. Erbe will explain the Douglas factors analysis that must be conducted, covering how common mitigating, aggravating, and neutral factors should be weighed, and provide guidance on trouble areas where deciding officials frequently make critical errors that could lead a penalty to be overturned. Plus, you’ll be alerted to recent trends in board decisions that you need to be aware of — and what they mean to you — involving deference to deciding officials, comparator standards, serious misconduct, and clarity of notice.

You’ll leave this training equipped to:

• Conduct a proper Douglas factors analysis specific to each factor that applies
• Spot problematic penalty practices during the discipline process
• Recognize and remedy when an unnoticed aggravating factor could result in a due process violation
• Determine which mitigating factors cannot be ignored
• Identify how similarly situated employees will be compared
• And more

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Meet Your Trainer

Robert Erbe has been practicing federal sector labor and employment law for more than 25 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^® and has extensive experience as a federal employment law trainer.

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Who Should Attend

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Registration Information Main Site (required for Additional Site registrations): $295 per connection
Additional Site for Teleworker: $115 per connection
REGISTER NOW

Taking immediate action against federal employees with attendance issues has always been a priority, but with all the rules agencies need to follow it’s easier said than done. In this interactive webinar, leave expert Barbara Haga will guide you through handling a variety of attendance-related issues while staying compliant with MSPB and case law requirements.

You’ll learn best practices for taking disciplinary and non-disciplinary actions tied to attendance, with a focus on how to select the proper charges. Just as importantly, you’ll get this expert’s insights on why certain leave-related charges fail. For additional practical guidance, you’ll be provided with a set of sample work and conduct standards you may use to ensure that leave procedures are clearly established in your agency.

Be sure your agency is choosing the appropriate path forward by learning strategies to:

• Determine which charge to utilize for specific attendance-related issues, including AWOL, falsification, and failure to follow leave procedures
• Properly deal with an excessive absence case, including issuing a compliant Cook warning letter
• Identify when a non-disciplinary action, such as inability to perform, is the appropriate choice
• Recognize how discontinued service or disability retirement may factor into a leave-related action
• And more

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Meet Your Trainer

Barbara Haga is the president of Federal HR Services, Inc., which provides HR training, consulting, and functional services to federal agencies. She previously served as the Head of Organizational Development and Workforce Relations for NASA Langley Research Center, with responsibility for Center training programs, the Career Transition Assistance Program, and employee and labor relations and benefits functions. Prior to NASA, she worked with the Department of Navy, where her responsibilities encompassed assignments at HRO Norfolk, the Office of Civilian Personnel Management, and the Human Resources Service Center East.

Ms. Haga has had experience in all HR functional areas including delivery of numerous courses and presentations for managers and HR professionals. Her primary areas of expertise are in employee and labor relations, including performance appraisal, dealing with performance and conduct deficiencies, and grievances and appeals.

Ms. Haga writes the regular “Leave Advisor” and “HR Advisor” columns for cyberFEDS^® and is a popular presenter at the annual FDR Training conference on HR, leave, and performance management topics.

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Who Should Attend

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Registration Information Main Site (required for Additional Site registrations): $295 per connection
Additional Site for Teleworker: $115 per connection
REGISTER NOW

In this can’t-miss webinar, two former EEOC Administrative Judges will guide agency staff through the required interactive process that is essential to getting reasonable accommodation right for each employee — from how the process starts to proceeding productively to its conclusion. Plus, you’ll go through examples of how to apply the process to specific scenarios.

Having addressed countless EEO complaints alleging denial of reasonable accommodation for disabilities, these two attorneys will break down all the related issues: medical documentation, essential functions, delays in providing accommodations, and more.

Along with learning how to recognize a reasonable accommodation request, even if an individual doesn’t use the words “reasonable accommodation,” you’ll gain insiders’ best practices to:

• Individually assess an employee’s situation even when it appears similar to others’
• Determine if an accommodation is effective, particularly if it's not the employee’s requested accommodation
• Defend a determination that a requested accommodation is an undue hardship
• Use trial periods to determine appropriate reasonable accommodation
• And more

You’ll also learn about new issues arising from the Trump administration’s efforts to curtail telework, including parking and restroom access for employees who are not allowed to telework as an accommodation. The presentation will include Q&A time, so you can get answers to your questions!

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Meet Your Trainers

Terrie Brodie began her federal sector career in 1990 as an attorney with the Department of the Navy, representing the Navy in cases before the EEOC and MSPB. She subsequently served as an Administrative Judge with the EEOC’s San Francisco District Office (SFDO) from 1993 through 2008, and then as the SFDO’s Chief Administrative Judge from 2009 through 2018. In 2019, Ms. Brodie transferred to the Department of Veterans Affairs, Office of Employment Discrimination Complaint Adjudication, where she wrote Final Agency Decisions until her retirement from federal service in 2023.

Fran Polito began his federal career as an attorney in the EEOC's Office of Legal Counsel in 1991, after graduating from Howard University School of Law. He became an EEOC Administrative Judge in 1999 and served as Chief Administrative Judge of the EEOC's Philadelphia District from 2009 to 2020. After leaving the EEOC, he served as an attorney advisor with the Department of Veterans Affairs, Office of Employment Discrimination Complaint Adjudication.

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Who Should Attend

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Registration Information Main Site (required for Additional Site registrations): $295 per connection
Additional Site for Teleworker: $115 per connection
REGISTER NOW