Penalty Determinations: How The 2026 MSPB Impacts Your Douglas Factors Analysis

Price: $295.00
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Authors Robert Erbe, Esq.
Item Number 4900.042926

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In this on-demand training, noted Douglas expert Robert Erbe shares the MSPB’s philosophy now that it has two members of the same political party. With a review of recent decisions, you learn how the board is reviewing agencies’ Douglas factors analyses and trends in board decisions involving deference to deciding officials, comparator standards, serious misconduct, and clarity of notice.

Along with explanation of the Douglas factors analysis that must be conducted and common missteps that could lead to a penalty being overturned, you get guidance to:

  • Conduct a proper Douglas factors analysis specific to each factor that applies
  • Spot problematic penalty practices during the discipline process
  • Recognize and remedy when an unnoticed aggravating factor could result in a due process violation
  • Determine which mitigating factors cannot be ignored
  • And more