MSPB Law Week On-Line Registration with credit card payment, or
PRINTABLE REGISTRATION form for SF-182 invoicing, by FAX OR MAIL
Registrations are accepted FIRST COME, FIRST SERVED and must be accompanied by a method of payment. There are no 'placeholders'. Early Registration is strongly advised as each seminar has a maximum capacity. This program has SOLD OUT each time it has been offered.
 
Dates: September 14 - 18, 2009
Location: L'Enfant Plaza Hotel
480 L'Enfant Plaza, SW
Washington, DC
20024
(202) 484-1000
www.lenfantplazahotel.com
Who Should Attend: Attorneys, employee and labor relations specialists, human resources generalists, union representatives, and others with a responsibility for representing either the agency or an appellant in an appeal filed with the U.S. Merit Systems Protection Board or advising management or employees on rights and options relative to disciplinary and performance actions. CLE credit for attorney attendees is supported by FELTG through individual applications to the registrants' state bar or commission.
Instructors: Peter Broida, Renn Fowler and William Wiley
Status: Sold-Out --  Next offered March 29 - April 2, 2010, located TBA.  Check back for early online registration by end of November, 2009.
Daily Agenda
Monday, September 14 -- William Wiley. Adverse Actions:  The five elements of every disciplinary case and the burdens of proof , the fundamentals of penalty selection and defense, obtaining testimony to protect the penalty selection should one or more charges fail, types of evidence necessary to support a penalty selection, the MSPB’s power to mitigate a penalty and recent trends in the Board’s use of that authority, educating uninformed arbitrators, using alternatives to discipline. SAMPLE.

Tuesday, September 15 -- Renn Fowler and William Wiley. Charges:  Types of charges, parts of a charge, how charges are interpreted, the role of the proposing and deciding officials, capitalizing on the general charge, allowing the inclusion of lesser-included offenses, charging in the alternative, attractive options to difficult charges and common charging mistakes, proving the difficult, “intent” charge element, a step by step approach to charge drafting, practical exercises to develop charge framing skills.

Wednesday, September 16 -- Renn Fowler and William Wiley. Penalties: MSPB and Federal Circuit lead cases in penalty determination, getting “intent” penalties off of “non-intent” charges, proving harsh penalties off of vanilla charges, charging down and proving up, how the maximum penalty is established, an update of recent Board and court decisions: what’s really new and what’s old wine in new bottles, placing the emphasis on notice.

Thursday, September 17 -- Peter Broida and William Wiley. Leave Abuse and Medical Issues: Overview of federal laws and entitlements, documenting AWOL and subsequent discipline; FMLA rights and abuses, developing strategies. Approved leave terminations; unavailability for work and inability to maintain a regular schedule. Medical inability-to-perform terminations, disability retirement. "True" disability vs. non-disability medical problems; limitations on Fitness for Duty Exam authority. SAMPLE.

Friday, September 18 -- Peter Broida and William Wiley. Unacceptable Performance: Performance actions in perspective; drafting a defensible performance standard, implementing PIP's, defeating the PIP rollercoaster, accommodating disability-related poor performance, converting an unacceptable performance problem into a Part 752 disciplinary action, termination based on failing a performance quiz. SAMPLE.
Making an 'Individual CLE Application' to your state bar or commission? See MSPB CLE Sample from a prior seminar, for PDF file responsive to most requests, including speaker biographies, table of contents and timed agendas, and a representative sample of instructional handouts.

Each day begins at 8:30 and ends at 4:00 with an hour for lunch. Continental breakfast is served beginning at 8:00.
 
Cancellation
FELTG reserves the right to cancel a session, or make changes, upon notice.
   
 
 
   
FELTG does not seek pre-approval of its seminars for CLE credit because the attorneys who attend often are admitted to many different state bars with many different requirements for CLE credit. However, we are happy to work with any individual attorney seeking CLE credit for attendance, and it has been our general experience that many states will approve some number of CLE credit hours based on submission of the course materials, an agenda, and resumes of the speakers. To facilitate the award of CLE, FELTG takes roll at every seminar and maintains a record of attendance for a minimum of five years, a requirement of many state bar associations. The bottom line for CLE credit is that while the responsibility for applying for credit lies with each attorney attendee, FELTG will work to assist in the application process. Please consult your state CLE commission for an 'Individual CLE Application' and let us know what submissions we can supply in your support.