Documenting the Douglas Factors: When, Why & How

It’s been over 35 years since the MSPB’s landmark decision in Douglas v. Veterans Administration listed 12 factors that agencies must balance when determining a penalty. Despite the Douglas factors being around so long, there has been no recommended approach for documenting them — until now.

Join Robert Erbe as he discloses the best and worst practices for documenting the Douglas factors in light of recent MSPB decisions. Through specific case examples, you’ll not only see where agencies did an effective job explaining their Douglas analysis, but also where a fatal mistake led to reversal or penalty mitigation — so you can avoid the same pitfalls.

In just 90 minutes, you’ll get Mr. Erbe’s expert guidance on how to: 

• Document the Douglas factors to obtain maximum deference
• Create a Douglas factor worksheet that is less likely to cause problems down the road
• Make certain the deciding official understands the proper aggravating factors 

Plus, Mr. Erbe will explore whether discussions between an employee, an agency representative and a deciding official are privileged and not discoverable, as well as if deciding officials should or should not provide their own detailed documentation of the Douglas factors.