In the seminal case Douglas v. Veterans Administration, the MSPB listed 12 factors that agencies must balance when determining the appropriate penalty for an employee's misconduct. But the MSPB didn't weight these factors, and not all are relevant in every situation.

Attorney Robert Erbe guides you through the Douglas minefield, with a look at the most recent MSPB case law involving penalty determination — so you understand how the Board determines whether a penalty is reasonable and how it views a particular Douglas factor. Mr. Erbe also explains how the recent change in administration and the resulting new MSPB members will affect you and your understanding of how best to defend your agency's actions.

In just 90 minutes, you get expert advice on conducting a Douglas factor analysis, including how to:

• Get the right results by focusing on the agency's mission and the employee's duties
• Determine an appropriate penalty
• Assess if charging may affect the penalty
• Address mitigating factors appropriately and effectively
• Respond to a discovery request without compromising management's privacy

Plus, you learn about new "penalty trends” at the Board and what their impact may be. And, you get a Douglas Factor checklist to use when preparing officials to testify.