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Saturday, October 17, 2026

Developing Issues in Federal Employment | Dunlap Bennett & Ludwig PLLC - JDSupra - JD Supra

According to the Office of Personnel Management (“OPM”), the Federal Civilian workforce consists of over 2.1 million individuals. In 2017, over 15% of those employees were located in the DMV – the metro area consisting of the District of Columbia, Maryland, and Virginia. [1] Federal employees have unique legal protections, unique pay provisions, and often have completely different concerns in terms of job separation when compared to private or state employees in the same area.

One proposed rule change, currently in an open comment period before the OPM issues a final rule, concerns ‘Clean Record Settlements’ following adverse action. Adverse action can include a number of steps (including termination and suspension) a federal agency might take after an employee is subject to disciplinary action. Any potential adverse action is an enormous issue for federal employees; however, in the DMV, where possession of a security clearance is critical to employment, even the mention of potential adverse action is scary.

With the assistance of an experienced attorney, an employee can challenge potential adverse action. Such challenges (after adverse action is proposed) are brought before the Merit Systems Protection Board. Actions before the Board (the “MSPB”) are akin to a court appeal – only in an administrative setting. Appeals at the MSPB can be time intensive, and often parties (the agency and the employee) seek to resolve the issues with a settlement agreement.

In the past, such...



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