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Adverse Action Articles

  1. A Primer in Pieces
  2. Second-Hand News Can be Misleading
  3. The Adverse Action Process - A Flowchart
  4. Performance-Based Actions under Chapters 43 and 75 of Title 5 - Similarities and Differences
  5. Different Types of Adverse Actions Use Different Rules
  6. Legal Sources for the Right to Notice and a Meaningful Opportunity to Reply
  7. Decision-Maker Must Listen and Have Power to Decide
  8. Connecting the Job and the Offense ("Nexus")
  9. Labels are Not Required, but if Used They Must be Proven
  10. Determining the Penalty
  11. How Employees Become Similarly Situated for Purposes of an Adverse Action Penalty
  12. Avoid Facilitating Prohibited Personnel Practices (PPPs)
  13. Agency Officials' Substantive and Procedural Errors and How to Fix Them
  14. Identifying Probationers and Their Rights
  15. The Limited Powers of the U.S. Merit Systems Protection Board
  16. Why Federal Employees Have the Right to a Hearing
  17. How a Hearing is Conducted
  18. Implementing or Challenging Initial Decisions
  19. Additional Resources


Additional Resources

Studies related to adverse actions:

  What is Due Process in Federal Civil Service Employment? (2015)
Clean Record Settlement Agreements and the Law (2013)
Addressing Poor Performers and the Law (2009)
Alternative Discipline: Creative Solutions for Agencies to Effectively Address Employee Misconduct (2008)
Navigating the Probationary Period After Van Wersch and McCormick (2007)
The Probationary Period: A Critical Assessment Opportunity (2005)

Additional articles related to adverse actions:

  Indefinite Suspensions and Potentially Criminal Behavior: Using Reasonable Cause to Act (May 2016)
Adverse Actions: Rules and Reality (Aug. 2015)
Identifying a Probationer: It is not Always Easy, but is Always Important (Jun. 2015)
Probationary Periods: A Missed Opportunity to Address Poor Performance (Spring 2015)
Clean Record Settlements: Words Matter (Jan. 2014)
Conduct-Based Actions: Why Performance Matters (Sep. 2011)
Alternative Discipline: What You Need to Know (Feb. 2009)
What Agencies Should Know in a Post-Van Wersch & McCormick World (Jul. 2006)
Due Process: What You Need to Know (May 2006)
The Trial Period: A Missing Link (Jan. 2006)
Replace Warm Bodies with Working Bodies (Apr. 2005)
Agency Corner: Administering the Probationary Period (Jan. 2005)
Using the Probationary Period to Weed Out Selection Errors (Jun. 2004)

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