Mistreatment of Subordinates Charge

Examples of mistreatment often come in the form of:

• Bullying
• Unreasonable and arbitrary demands on subordinates
• Suggestive or threatening sexual behavior
• Discrimination based on sexual orientation racial, and ethnic identity
• Verbal intimidation.

An example of this charge can be found in Holliman v. USPS, 75 MSPR 372(1997), in which a charge of continued improper behavior was sustained based on appellant’s confrontation with a contractor and an agency employee in a confrontational management style that worsened management-labor relations and increased the potential for violence at the facility.

To the extent of statements that are ruled as mistreatment, an example can be found in Dubiel v. USPS, 54 MSPR 428 (1992), in which the agency demoted the appellant on a charge that he violated the Code of Ethical Conduct for postal employees by improperly addressing a subordinate employee as “sweet thing” on more than one occasion, which the subordinate employee felt was sexually harassing and verbally abusive.

No matter the specifics, this charge generally constitutes conduct that rises to abusive treatment. In defending against this charge, it is important to question whether:

• Is the conduct taken within the scope of employment?
• Does the conduct rise to the level of abuse or mistreatment?
• Are there any mitigating factors?

The federal employee attorneys at Melville Johnson, P.C. are highly experienced in MSPB matters such as these, and are willing and able to assist you in your federal employment legal matters. Call or message us today to discuss your claim and learn how we can assist you.