Defense for Federal Employees Experiencing Disciplinary Actions
After an
employee investigation, federal employers may continue with a proposed disciplinary action if
they have found evidence of misconduct. Whether
disciplinary action was already proposed or not, early intervention is key. It is during this
critical stage that a federal disciplinary action lawyer can advocate
for you and prepare an effective written and/or oral reply to your employer.
Navigating the complexities of disciplinary and adverse actions as a federal
employee requires a deep understanding of your rights. Our seasoned federal
employment law attorneys are dedicated to defending the interests of federal
employees facing workplace challenges, ensuring their rights are safeguarded
every step of the way.
Facing suspension, demotion, removal, or any other disciplinary measure
can be daunting. At The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC, we offer expert legal counsel
and representation to help you defend your rights and maneuver through
the intricate landscape of federal employment laws with confidence.
Our services include:
Legal representation in disciplinary hearings
Appeals of adverse actions
Negotiation with federal agencies
Protection of whistleblower rights
Don't delay in seeking legal guidance -- Protect Your Rights Now. Contact
us to schedule a consultation and discover how can an adverse action attorney
help safeguard your federal employment rights.
What Are My Rights As A Federal Employee Facing Disciplinary Actions?
As a federal employee facing disciplinary actions, you have rights. It
is vital to understand your rights to ensure you are being treated fairly
and justly.
Below are key rights you should be aware of:
Right to Notice: You are entitled to a written notice outlining the reasons for the action
that is being considered, along with any supporting documentation for
the accusations.
Right to Respond: You have the right to a certain amount of time to react to these accusations.
You may provide a written or spoken rebuttal in which you dispute the
accusations or offer mitigating circumstances.
Right to Legal Representation: You have the right to employ a federal disciplinary and adverse action
attorney in Washington, DC. This can greatly improve your chances of putting
up a compelling defense. You may have legal representation throughout
the entire disciplinary process.
Right to a Fair Decision-Maker: Your case should be reviewed by an impartial decision-maker who will consider
all aspects before making a determination.
Right to Appeal: You have the right to challenge the ruling if the disciplinary action is
carried out. If you are a member of a union, you can resolve this through
the negotiated grievance processes or the Merit Systems Protection Board (MSPB).
Understanding the Appeals Process in Federal Disciplinary Actions
If you face an unfavorable decision regarding a federal disciplinary action,
you have the right to appeal. Navigating this process is essential to
protect your career and rights. Below are the key steps in appealing a
federal disciplinary decision:
1. Filing a Grievance (For Union Members)
If you are a union member, your collective bargaining agreement (CBA) outlines
a grievance procedure for challenging disciplinary actions. The process
typically involves:
Informal Discussion: Initially, you may have an informal discussion with your supervisor to
resolve the issue.
Formal Grievance: If the informal approach fails, you can file a formal grievance detailing
the dispute.
Union Representation: A union representative will help advocate on your behalf.
Arbitration: If the grievance is not resolved, it may be taken to arbitration where
an independent arbitrator will make a binding decision.
This is the first step for union members to address disciplinary actions,
but if the grievance is unsuccessful, further appeals may be necessary.
Contact a Federal Disciplinary attorney for personalized assistance.
2. Merit Systems Protection Board (MSPB)
If your grievance does not resolve the issue or you are not in a union,
you can appeal to the
Merit Systems Protection Board (MSPB). The MSPB is an independent agency that reviews federal employment disputes,
including disciplinary actions.
Filing the Appeal: You have a limited time (usually 30 days) to file your appeal after receiving
the disciplinary notice.
Review Process: The MSPB reviews the facts of the case, considering fairness and due process.
Hearing and Testimony: In some cases, a hearing will be held where both parties present their evidence.
Final Decision: The MSPB will issue a decision, which may affirm, modify, or overturn
the disciplinary action.
The MSPB provides a formal means for employees to challenge adverse employment actions.
3. Court Action (Federal Court Appeal)
If the MSPB’s decision is unfavorable, you may appeal in
federal court. This is generally the last resort if you believe the MSPB’s decision
was legally flawed.
Filing a Petition: Your attorney will file a petition for judicial review in U.S. District
Court within 30 days of the MSPB decision.
Court Review: The court will not rehear the case but will determine if the MSPB’s
decision was based on correct legal standards and due process.
Court Ruling: The court may uphold, reverse, or remand the case back to the MSPB for
further review.
Although court action can be time-consuming and costly, it provides a final
chance to challenge the decision.
As experienced Federal disciplinary and adverse action attorneys in Washington
DC, serving clients throughout the nation, we are equipped to guide you
through these complex proceedings. We aim to ensure that your rights are
protected and that you receive a fair hearing.
Understanding your rights and having proper legal representation can make
a significant difference in the outcome of your case. If you have received
a notice of proposed disciplinary action, do not hesitate to reach out
to The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC as soon as possible.
What Should You Do After Receiving Proposed Disciplinary Action?
If you have received notice of a proposed disciplinary action, it is critical
that you take this notice seriously. In some cases, the action may be
the final step before management decides to terminate you.
We encourage you to consult an experienced attorney about how to respond
to the proposed action and your available options. Our attorneys may be able to help you reply to the allegations and negotiate
a solution that preserves your career and your record, file a complaint
or grievance if you received unfair treatment, or file an appeal with the
Merit Systems Protection Board (MSPB).
The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC, has been
successful in protecting thousands of federal employee clients and reversing
or mitigating proposed disciplinary actions. Our goal is always to find
a solution that is in your short- and long-term professional interests.
We are always ready to defend you, whether it is before your agency, the
MSPB, or in federal court.
You are entitled to submitting a response once you have received a proposed
disciplinary action, and this response can dictate your future, reputation,
and career. If there are any deadlines stated within any of the documents,
it is crucial you adhere to them as these set dates are quite strict.
You may be asked to either submit an oral or written response, and you
will also have the chance to request any evidentiary materials that are
being used against you.
If you submit a written response, you should address all of the allegations
that are being raised against you, as well as a highlight of any proven
records of positive work performance. In this written response, you will
refute and deny any charges you are facing. The most important thing to
do in your written response is to request an oral response, as it is much
easier for a deciding officer to make a negative decision against you
if they can’t physically see you or hear your voice.
If you submit an oral response, you should be as straightforward as possible,
keeping it anywhere from 30 to 90 minutes. Do not read from your written
response - instead, highlight the main points and be prepared to answer
any questions presented to you. Remember to remain as open and honest
as possible, as coming off defensive will only make you look worse.
Federal Employee Disciplinary Actions - 4 Types
Depending on the circumstances that led to your disciplinary action, you
can expect to receive one or more of the following:
A demotion of your current position and possible deduction in pay
A temporary suspension that prohibits you from working during a specific time period
A letter of reprimand that not only details your misconduct, but stays on your record until
further notice
To be terminated and removed from the premise immediately
Each of these types come with their own set of unique legal challenges
that should not be battled on their own. We specialize in the defense
of federal employees and urge you to call us immediately if you have experienced
one of these scenarios.
Common Mistakes to Avoid During Disciplinary Proceedings
When facing disciplinary actions as a federal employee, it is crucial to
navigate the process carefully to protect your rights and ensure the best
possible outcome. Avoiding common mistakes can significantly impact the
success of your case. Here are some common mistakes to avoid:
Not seeking legal representation: It is essential to consult with an experienced federal disciplinary attorney
who can guide you through the complex legal proceedings and provide expert advice.
Delaying your response: Time is of the essence when responding to disciplinary actions. Failing
to respond promptly can weaken your defense and limit your options.
Ignoring the importance of evidence: Gathering and presenting strong evidence to support your case is crucial.
Failing to collect relevant documents, witness statements, or other evidence
can weaken your defense.
Not understanding your rights: As a federal employee, you have specific rights and protections. Failing
to understand these rights can leave you vulnerable to unfair disciplinary actions.
Sharing details of your case: It is essential to avoid discussing your case with colleagues or posting
about it on social media. Sharing sensitive information can harm your
defense and compromise your position.
By avoiding these common mistakes and working with our experienced attorneys
at The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC, you
can protect your rights as a federal employee throughout the disciplinary process.
Discuss Your Case with Our Attorney
Our disciplinary actions attorneys are dedicated to helping federal employees
just like you protect their rights and careers. While hiring a federal
disciplinary action lawyer isn't mandatory, it's critical that you at
least consult with our specialists so that your best interests are put
first. This area of law can become confusing with so many hoops to jump
through. Don't take risks when it comes to your professional life; call
us today for the advice you need to hear.
