When a federal employee is issued a proposed or actual disciplinary or adverse action, nothing is more important that understanding your rights and fighting to protect them.

Tully Rinckey’s team of federal employment attorneys are available to provide counsel and representation of federal employees who are under investigation for misconduct, facing proposed disciplinary or adverse actions for misconduct or poor performance, or appealing or otherwise challenging disciplinary or adverse actions.  In the federal government, a disciplinary action includes suspensions of 14 days or less and reprimands, while an adverse action includes the more severe forms of discipline including removals, suspensions or more than 14 days, and a reduction in grade or pay.

Tully Rinckey attorneys have experience defending the interests of federal employees who are charged with a wide range of alleged misconduct, including:

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

Additionally, Tully Rinckey attorneys are available to assist federal employees who are faced with allegations of poor performance and are issued performance related discipline, who have been issued a notice of a proposed adverse action due to alleged poor performance, or who need to appeal an adverse action.

At every stage of the process, we will work with you and your agency to find the best solution possible for your career.

About the Disciplinary Process

The disciplinary process usually begins when a federal employee is accused of misconduct and placed under investigation. The investigation may result in the agency’s decision to propose a disciplinary or adverse action through a written notice. The notice should provide the employee with the reasons for the proposed discipline or adverse action and provide him or her an opportunity to respond before the discipline or adverse action is issued. 

This is a crucial step in the process and now is the time to consult with counsel. Federal employees have the right to demand that the agency turn over any relevant evidence on which the agency relied in proposing the discipline or adverse action.  The employee then has the right to reply to the charges both orally and in writing.  A Tully Rinckey attorney can assist you at this stage by helping you with the arguments you need to set forth in your defense and speaking on your behalf at the oral reply.  After you reply, the deciding official will review the response and issue a written decision either upholding or withdrawing the proposed action or reducing the proposed punishment.

If the deciding official elects to issue a disciplinary action, Tully Rinckey attorneys can assist you in negotiating for a clean record or challenging the action through the EEO or grievance process.  If the deciding official elects to issue an adverse action (removal, suspension of more than 14 days, or demotion), Tully Rinckey attorneys can assist you in appealing the decision to the Merit Systems Protection Board (MSPB). Before the MSPB, you will have the right to partake in formal discovery to obtain evidence from the agency relevant to the case and the right to a hearing on the merits of your case before an administrative judge.  If the employee is unsuccessful before the MSPB, he or she may appeal to the full MSPB, and, ultimately, to the US Court of Appeals for the Federal Circuit in Washington, DC.

While the appeals process is stressful, the employee may be entitled to have the disciplinary action reversed. Additionally, the employee could be awarded damages including full back pay, benefits, interest, and the reimbursement of attorney’s fees.

Contact Us

The timelines surrounding disciplinary and adverse actions, especially when notices of removal or suspension are issued, are often tight and unforgiving. We recommend that you contact experienced legal counsel as soon as possible in order to be educated on all the options available to protect your career.

If you are a federal employee facing a misconduct investigation or disciplinary or adverse action, contact us to see how our experienced federal employment attorneys may assist you.

We can be reached 24 hours a day, 7 days a week at 202-787-1900 or via email at info@fedattorney.com.