LR/ER5-II | Defending or Attacking an Adverse Action Before the MSPB - Part II

  • Session Number: LR/ER5-II
Friday, August 20, 2021: 12:30 PM - 1:45 PM


Robert Erbe
Law Office of Robert P. Erbe, PLLC
Thomas Lanphear
Regional Director/Chief Administrative Judge, Atlanta Office
U.S. Merit Systems Protection Board
Sherry Linville
Administrative Judge, Atlanta Regional Office
U.S Merit Systems Protection Board
J. Douglas Whitaker
Senior Attorney, Office of the Chief Counsel
U.S. Immigration and Customs Enforcement


Whether an adverse action is sustained or not sustained is dependent upon three critical elements: the charge, nexus, and penalty. Decisions must be made as to lodging the charge, ensuring the agency can establish a nexus between the conduct and the efficiency of the service, and ultimately the penalty selection. In this two-part session, you will hear the pros and cons of the most common charges, the arguments for and against nexus, and the reasonableness of the penalty. In examining the elements of an adverse action, you will hear from three different perspectives — the agency, the employee, and the MSPB. A must-attend session for any ER practitioner who handles adverse actions.


For Technical Support with this webpage, please contact support.