Rb 89 2018-2025 Form
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People also ask sheet application board sample
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How many interrogatories are allowed in MSPB?
(1) Absent prior approval by the judge, interrogatories served by parties upon another party or a nonparty may not exceed 25 in number, including all discrete subparts. (2) Absent prior approval by the judge or agreement by the parties, each party may not take more than 10 depo- sitions.
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Can the EEOC award damages?
Nonpecuniary damages are available for emotional harm, including emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, loss of health, and other nonpecuniary losses that are incurred as a result of the discriminatory conduct.
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What is the 120 day rule for MSPB?
How Does the 120-Day Rule Apply to Mixed Case Complaints? For mixed case complaints, which involve both personnel actions and discrimination claims, if the agency does not issue a final decision within 120 days of the complaint's filing, you may choose to appeal to the MSPB or file a civil action.
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What issues are appealable to MSPB?
Other types of actions that may be appealed to the Board include: performance-based removals or reductions in grade, denials of within-grade salary increases, reduction-in-force actions, OPM suitability determinations, OPM employment practices, OPM determinations in retirement matters, denials of restoration or ...
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How long do MSPB cases take?
When will the judge make a decision? MSPB Administrative Judges try to make decisions soon after the hearing and generally, we expect to receive a decision within 1-3 months. However, depending on the complexity of the case and the length of the hearing, it may take longer.
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What does the MSPB have jurisdiction over?
Most of the cases brought to the Board are appeals of agency adverse actions--removals, suspensions of more than 14 days, reductions in grade or pay, and furloughs of 30 days or less. The next largest number of cases involve appeals of OPM determinations in retirement matters.
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What is the burden of proof for MSPB?
The appellant has the burden of proof on any affirmative defenses to the agency's action, such as harmful error, discrimination, or retaliation based on a prohibited personnel action. After the appellant presents his or her case, the agency may present “rebuttal” evidence.
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What damages can the MSPB award?
Types of Damages You Can Recover at an MSPB Hearing Back Pay. Back pay is by far one of the most common remedies available to an MSPB appellant. ... Compensatory Damages. ... Reinstatement. ... Punishing Bad Actors. ... Attorneys' fees. ... Punitive Damages. ... Nominal Damages.
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