Avoidable Mistakes That Destroy Your Agency’s Adverse Actions

In the past four years, over 100 adverse actions have been reversed by the MSPB because the agency committed a due process violation. Don’t let it happen to you!

Learn how to process a constitutionally correct adverse

action the first time so your agency avoids costly “do overs” with guidance from Robert Erbe, an experienced labor and employment law litigator who has seen firsthand all the disastrous missteps agencies commit in the process. Whether you draft adverse actions or advise those who do, you’ll learn what you need to know to avoid these mistakes and ensure your actions stand up to appeal.

Along with special emphasis on due process and harmful error – the two most common mistakes that lead to actions being overturned – you’ll learn:

• Standards for certain violations, with particular attention on recent case law involving due process/ex parte information
• How to implement internal procedures to avoid a deciding official from coming in contact with ex parte information – and what to do if it does happen
• Factors the MSPB will evaluate to determine whether a due process violation occurred
• Arguments to be made to dissuade a judge from finding a due process or harmful error violation
• The Stone factors and how the MSPB decides whether new and material information has been introduced by means of ex parte contacts
• And more!