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.
We defend federal employees facing discipline. Federal employees serve the public with dedication, but like any workforce, they may face proposed disciplinary actions, ranging from demotions to removals. These actions are stressful and career-threatening, but federal law and regulations provide employees with meaningful rights and avenues to respond. As lawyers representing federal employees, it is important to understand the federal employee disciplinary process.
The disciplinary process, for most federal employees, is currently on hold during the Government Shutdown, but will resume as soon as federal employees are permitted to return to work.
Understanding the Notice of Proposed Discipline
When an agency intends to discipline most federal employees, it must first issue a written Notice of Proposed Discipline (e.g. Notice of Proposed Removal). This document outlines the charges, specifications, and the proposed penalty. Importantly, this is not the final decision. It is just a proposed action. At this stage, the employee (presuming they are not probationary or in a unique civil service category) generally has the right to respond both orally and in writing.
What to Consider in Reviewing the Proposal?
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