Disciplinary Actions and Adverse Actions

At every stage of the investigatory or disciplinary process, Paul N Jones will work with you and your agency to find the best solution for your career. We have experience defending the interests of federal employees who are charged with a wide range of alleged misconduct, including, but not limited to:

• Absence without leave (AWOL) or other attendance issues
• Misuse of funds
• Violence in the workplace
• Falsification
• Insubordination or failure to follow directives
• Security violations
• Improper use or theft of government property
• Conduct unbecoming a federal employee
• Prohibited personnel practices
• Lack of candor

Adverse Actions Process Overview

The disciplinary or adverse action procedure under federal employment law typically follows a structured process outlined by applicable statutes, regulations, and agency policies. The Merit Systems Protection Board (MSPB) created a visual Adverse Action Process Flow Chart outlining the key steps in initiating an “adverse action” under Chapter 75 of Title 5.

While specific procedures may vary depending on the agency and the nature of the action, the following steps provide a general overview:

Investigation.

The agency official will gather evidence, such as witness statements, emails, copies of customer complaints, and data reports. If deemed appropriate, the employee will be allowed to provide their side of the story before further action is taken.

The proposing official will evaluate the evidence, including their own firsthand observations, and determine whether an adverse action is justified.

Notice of Proposed Action:

The employee is typically given written notice of the proposed disciplinary or adverse action. This notice should include:

• Specification of the law or regulation justifying the action.
• Clear delineation of the charge(s) and specification(s).
• Identification of the deciding official, their contact information, the deadline for submitting a written response, and the deadline for scheduling an oral response.
• Notification of the employee’s right to have a representative, such as a private attorney or union representative.
• Guidance on how the employee can obtain a copy of or access to the evidence.
• Declaration of the proposed penalty and the factors the deciding official will consider in determining the appropriate penalty.

Opportunity to Respond: The employee can respond to the proposed action, either orally, in writing, or both.

Review of Response: The agency reviews the employee’s response to the proposed action and any supporting evidence or arguments presented. The agency may consider additional information or conduct further investigation depending on the circumstances. If new information is acquired,

Decision by Agency Official: A designated agency official, often called the deciding official, reviews the case and decides whether to proceed with the proposed disciplinary or adverse action. This decision should be based on a thorough review of the evidence and consideration of any mitigating factors.

Written Notice of Decision: The agency issues a written notice of the decision to the employee. Suppose the decision involves imposing a disciplinary or adverse action. In that case, the notice should include the specific reasons for the decision, the effective date of the action, and information about the employee’s rights to appeal or seek further review.

Appeal or Grievance Rights:

If the employee disagrees with the agency’s decision, they may have the right to appeal or file a grievance. This typically involves initiating an administrative appeal process within the agency or seeking review by an external oversight body, such as the Merit Systems Protection Board (MSPB).

Appeal Process:

The employee may be entitled to a hearing or other procedural safeguards during the appeal process. This could include presenting evidence, calling witnesses, and cross-examining witnesses presented by the agency.

Final Decision:

After considering the evidence and arguments presented during the appeal process, the MSPB or other reviewing authority issues a final decision. Depending on the findings and legal considerations, this decision may uphold, modify, or overturn the agency’s original decision.

Federal employees facing disciplinary or adverse actions must seek guidance from an experienced federal employment attorney who can assess their case’s specific circumstances and advise them on the most effective defense strategies.

Contact Paul N Jones Law Firm Today

Each case is unique, and Paul N Jones can provide tailored advice and representation to help employees protect their rights and interests. The timeline is short, and in most cases, the employee will have no more than thirty days, and usually much less, to respond to the proposed disciplinary or adverse actions. We recommend contacting experienced legal counsel as soon as possible to determine all the options available to protect your career.

In the event of a successful appeal before the MSPB, several potential remedies may be available to you, including:

• Reinstatement of employment;
• Backpay compensation;
• Promotion or grade change;
• Reimbursement for lost benefits;
• Compensation for emotional distress;
• Removal of adverse employment records maintained by your employer and
• Appropriate administrative actions against those responsible for pursuing disciplinary action against you.

These remedies are designed to return you to your former status, restoring you to a state of “wholeness” after facing an adverse action. The remedy you are entitled to will depend on factors such as the length of your suspension or disciplinary measures and related costs.