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From Hiring to Firing — Traps for the Unwary Federal Manager

Outline of Material

  1. Hiring Traps
    1. Be Cognizant of Prior Employment Problems
    2. Cannot Consider Race at All
    3. Phony Degree – Diploma Mills
    4. Hiring Personal Friends of Favorites
    5. Grooming Employees for Position
    6. Pre-Employment Inquiries of Disability
    7. Denying Veteran’s Preference
  2. Discipline Decision: Setting Your Own Traps
    1. Who is the Decision Maker
    2. Comments Made in Defense of Actions Will Haunt You
    3. You Must Be Actual Decision Maker
    4. You Cannot Charge Something Not Proposed
    5. Cannot Rely on Conclusory Statements or Hearsay
    6. You Must Know Law
    7. Failure to Prove Intent
    8. Dealing with Affirmative Defenses
    9. Conducting Your Own Investigation
  3. Defending your Decisions
    1. EEO Complaints
    2. OSC Cases
    3. Mistake in Proposal
    4. Constitutional Attacks
    5. Senate Investigation
  4. Union Issues
    1. Stifling Union Is Prohibited
    2. Denial of Representation
    3. Reliance on Complaints about Employee from Union Officer
  5. Management Investigation Traps
    1. Topic Becomes Criminal
    2. Wearing Too Many Hats Suggest Bias
    3. Witness Collaboration Not Rectified by Manager
    4. Influence on Investigation Traps
  6. Retirement Resignation Decisions/Recommendations
    1. Clean Paper is Not Clean
    2. Retirement/Resignation/Leave with Pending Discipline
    3. Discontinued Service Retirement
    4. When Retirement is Correct Choice
    5. Converting Removal for Cause to Removal for Medical Reasons
  7. Settlement Considerations
    1. Open door to More Claims
    2. Angering Judge
    3. Not making Sense
  8. Indefinite Suspension
    1. Criminal Misconduct – 7-days Notice
    2. Pending Security Clearance Investigation
    3. Pending Administrative Investigation
    4. Must Have Ascertainable End
    5. Must Return to Work Quickly
  9. Security Clearance Issues
    1. Review of Security Clearance Action
    2. Removal Based on Lack of Security Clearance
  10. Fitness for Duty Examinations
    1. Law Enforcement Officers
    2. Other Employees
    3. Suitability Issues
  11. Obey and then Grieve Trap
    1. Reassignments are Discretionary
    2. Boss Made Me Do It Trap
    3. Order is Discriminatory, Unfair, or Violates Policy
  12. Dealing with False Statements
    1. 18 USC 1001 – Criminal Referral
    2. Giglio Impaired
    3. Yank Security Clearance
    4. Discipline for Lack of Candor or False Statements
  13. Office-Duty Misconduct
    1. Law Enforcement Officers
    2. Domestic Violence: Lautenberg amendment
    3. Sexual Harassment at after Hours Office Party
    4. Military Acts
    5. Family matter

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