Facing a suspension or removal from your federal position can be an incredibly stressful and intimidating experience. As a dedicated federal employee, your career and livelihood are at stake. It's crucial to understand that you have the right to challenge unfair disciplinary actions, and taking the correct steps can significantly impact the outcome of your case. Here is a guide to challenging a proposed suspension or removal.
Understanding the Disciplinary Process
When a federal agency proposes a disciplinary action like a suspension or removal, the process generally involves several key steps.
- Notice of Proposed Action: Your agency must provide you with a written notice outlining the charges, the reasons for the proposed action, and the evidence supporting those charges. This notice is critical and triggers your right to respond.
- Right to Reply: You have the right to reply orally and/or in writing to the deciding official, offering your side of the story and presenting evidence that counters the agency's allegations. This is your first opportunity to formally challenge the proposed action, and it should be taken very seriously.
- Final Decision: The agency will issue a final written decision, stating whether the proposed action will be carried out and when it will become effective.
Understanding the specific timeline and requirements outlined in your agency's notice is paramount.
Your Appeal Options
If the agency issues a final decision to suspend you for more than 14 days or remove you, you generally have the right to appeal the action to the Merit Systems Protection Board (MSPB). The MSPB is an independent quasi-judicial agency that hears and decides appeals from federal employees.
When appealing to the MSPB, your representative can challenge the agency's action on several grounds:
- Substantive and Procedural Errors: We can argue that the agency committed errors in the underlying facts or that the agency failed to follow proper legal procedures, which could lead to the action being overturned.
- Lack of Nexus or Harm: Your counsel can challenge whether the alleged misconduct had a sufficient "nexus" to the efficiency of the service, or whether the penalty chosen was too harsh given the circumstances (the "Douglas Factors").
- Prohibited Personnel Practices (PPPs): If the disciplinary action was taken in retaliation for whistleblowing, an Equal Employment Opportunity Commission (EEOC) complaint, or another PPP, this is a separate and powerful basis for appeal. PPPS can also be addressed through an Office of Special Counsel (OSC) complaint.
Appealing an adverse action requires adherence to strict deadlines and complex procedural rules. Having an experienced federal employment law attorney can make all the difference.
Seeking Professional Legal Counsel
The challenges of facing an agency investigation or fighting an adverse action, such as a suspension or removal, can be overwhelming. Do not navigate this process alone.
At The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC, we are dedicated to providing professional representation to federal employees facing disciplinary action across the nation. Our team of experienced federal employment lawyers, including a former administrative judge, is prepared to put our over 30 years of award-winning federal employment law experience to work for you. We understand the stakes involved in MSPB appeals and disciplinary actions and offer dedicated, skillful advocacy.
Protect your career and your rights. Contact us today at (202) 350-3881 for a consultation on your federal employment matter.