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Wednesday, May 27, 2026

Legal Insider: Defending federal employees in disciplinary cases - ARLnow

This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.

By John V. Berry, Esq.

Approximately 20,000 federal employees are subject to disciplinary actions a year. Our nationwide federal employee lawyers represent federal employees in these disciplinary cases. Each disciplinary action defense is different and legal assistance is necessary by attorneys familiar with federal employment law.

Disciplinary Process for Federal Employees

There are various types of disciplinary actions for federal employees. These can include letters of counseling, reprimands, suspensions, demotions, and removals. For most serious disciplinary actions, referred to as adverse actions (usually removals), a federal employee will first receive a notice of the proposed discipline and the opportunity to respond. A proposal will typically have an explanation of the conduct or issues leading to the proposed disciplinary action.

If a federal employee is issued a notice of proposed disciplinary action, they will have the opportunity to contest it before it becomes final. Most permanent federal employees (past their probationary period) are entitled to due process. A federal employee can choose to provide a written response, an oral response, or both. We often recommend providing both oral and written...



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