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Areas of Practice » Employment and Labor » Adverse Action Proposals and Appeals

Discipline and Adverse Action Proposals and Appeals

As a federal employee, you have rights when you are being charged with misconduct or poor performance. In most instances, you will be issued a notice of a proposed disciplinary or adverse action. You will have the right to reply both in writing and orally to the allegations before a decision is made by your agency to issue discipline or an adverse action. As a federal employee, you have the right to have an attorney represent you during these replies. The federal employment law team at The Federal Practice Group Worldwide Service is well versed in the charges that may be levied by your federal agency against you (e.g., insubordination, falsification, poor performance, lack of candor, time and attendance fraud, etc.), and the reply process and rights you have as a federal employee, including your right to view any evidence your federal agency is relying on in proposing discipline or an adverse action.

If, after the reply, the agency decides to go ahead and effectuate the disciplinary or adverse action against you, the attorneys at The Federal Practice Group can help you appeal that decision. In cases involving a disciplinary action (e.g., letter of reprimand, suspension of 14 days or less), our federal employment law team can assist you in filing an administrative grievance or an EEO complaint to challenge the decision. In cases involving an adverse action (which is defined as a removal, demotion/change to lower grade, or suspension of greater than 14 days), federal employees have the right to appeal the adverse action to the Merit Systems Protection Board (MSPB) or to file an administrative grievance or an EEO complaint to challenge the decision. At the MSPB, the federal agency bears the burden of proof to substantiate the charge it raised against you, while federal employees are entitled to bring "affirmative defenses" to the charge, including that the agency failed to provide due process, or that the adverse action was taken to discriminate or retaliate against you.

The attorneys at The Federal Practice Group Worldwide Service can assist you from the moment you are issued a notice or proposed disciplinary or adverse action. Your federal career is a very valuable asset and is considered by the Supreme Court to be Constitutionally protected property, which you can only be deprived of after the agency has afforded you due process. Protecting your federal career and reputation as a federal employee is our top priority at The Federal Practice Group Worldwide Service.

Our federal employment law team has a proven track record of providing representation in replying to proposed disciplinary or adverse actions, as well as in MSPB appeals cases, and can help federal employees successfully defend their careers. We know how to navigate the various MSPB and EEOC appeals process and hearing procedures to give clients the best possible chance at victory. Our firm has a long-standing tradition of success through dedication and solid representation, and we will work hard to see that you receive the support you deserve in order to avoid the adverse actions that may do irreparable harm to your career and retirement pension.