For healthcare professionals serving within the Department of Veterans Affairs (VA) and other federal agencies, the dedication to patient care is often a lifelong calling. However, when you are a Title 38 employee—such as a physician, dentist, podiatrist, chiropractor, optometrist, or registered nurse—the legal framework governing your employment and disciplinary process is unique compared to most other federal employees.
Coming under scrutiny by the federal government can be an intimidating and overwhelming experience. Understanding your rights and the specific procedures involved in a Title 38 disciplinary action is the first step toward defending your career and your professional reputation.
The Unique Nature of Title 38 Disciplinary Actions
Most federal employees fall under "Title 5," but Title 38 was established to provide the VA with more flexibility in hiring and disciplining medical personnel. This means the standard protections found in the civil service may not apply in the same way to you.
Disciplinary actions for Title 38 employees generally fall into two categories:
Professional Conduct or Competence: These cases involve questions of direct patient care or clinical aptitude.
Non-Professional Conduct: These cases involve administrative issues, such as time and attendance or general misconduct.
Because "Professional Conduct or Competence" cases are reviewed by Disciplinary Appeals Boards (DABs) rather than the Merit Systems Protection Board (MSPB), the rules of engagement are distinct and require specialized knowledge.
Your Right to Due Process
Even under Title 38, you are entitled to due process. If your agency proposes a major adverse action—such as a suspension of more than 14 days, a reduction in grade, or a discharge—you generally have the right to:
Advance Notice: A written statement detailing the specific charges and the evidence against you.
The Right to Respond: An opportunity to provide an oral and written reply to the proposing official.
Representation: The right to be represented by a knowledgeable federal employment law attorney throughout the process.
Why Experience Matters in Title 38 Cases
Navigating a Title 38 investigation or Disciplinary Appeals Board hearing is not a task for a general practice lawyer. It requires a deep understanding of the Department of Veterans Affairs’ internal regulations and federal administrative law. With over 30 years of award-winning federal employment law experience, The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC understands that your license and your livelihood are on the line. We have successfully represented thousands of federal employees, including those in high-stakes Title 38 matters.
Defend Your Career Today
If you are facing an investigation or a proposed disciplinary action, do not wait to seek counsel. Obtainable solutions are often time-sensitive. At The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC, we are compassionate to the stress you are under and professional in our relentless pursuit of your defense. We serve federal employees across the nation and around the world, ensuring that those who care for our veterans are themselves protected.
Contact us today at (202) 350-3881 to discuss your case and learn how we can help you defend your rights.