Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘adverse action’

Responding to a proposed disciplinary action

Tuesday, November 20th, 2018

There is short window to give your formal reply

Employees of federal agencies have many rights that do not apply in the private sector. One important protection is the right to be notified in advance of disciplinary action.

If you are facing an adverse action – suspension, demotion or removal – you may have as little as seven days to give your formal reply. With your job and possibly your federal career on the line, you should involve an attorney who practices federal employment law.

The dreaded proposal of adverse action

You may find your job in jeopardy due to supposed misconduct or performance issues. Your federal agency must give you a written proposal that outlines (a) the evidence of wrongdoing or poor performance and (b) the adverse employment action that is proposed. The proposal must be provided at least 30 days in advanced of the sanctions.

The agency must give you an opportunity to provide a formal reply to the proposed sanctions. This time frame may be as short as seven days, depending on the agency and the type of action.

Your reply is reviewed by a higher level manager. Even if the agency upholds the proposal and implements the proposed action, your formal reply will serve as the foundation for appeal. It is important to provide a detailed and timely response. Your attorney can help you draft a reply that complies with your agency’s protocols.

Appealing an unfavorable decision through the MSPB

If you are slated for termination, downgrade or suspension of 14 or more days, you can appeal to the Merit Systems Protection Board. Your case will be heard in an MSPB hearing or, or in an arbitration if you are a member of a union.

This blog was originally published by Passman & Kaplan, P.C., Attorneys at Law on November 2, 2018. Reprinted with permission. 

About the Author: Founded in 1990 by Edward H. Passman and Joseph V. Kaplan, Passman & Kaplan, P.C., Attorneys at Law, is focused on protecting the rights of federal employees and promoting workplace fairness.  The attorneys of Passman & Kaplan (Edward H. Passman, Joseph V. Kaplan, Adria S. Zeldin, Andrew J. Perlmutter, Johnathan P. Lloyd and Erik D. Snyder) represent federal employees before the Equal Employment Opportunity Commission (EEOC), the Merit Systems Protection Board (MSPB), the Office of Special Counsel (OSC), the Office of Personnel Management (OPM) and other federal administrative agencies, and also represent employees in U.S. District and Appeals Courts.

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