When receiving notice of a reprimand or suspension, the professional or experienced employee, often without prior discipline, knows that filing a Reply must be considered. If not opposed, future discipline may result in proposed lengthier suspension or discharge. The Reply, especially if submitted by an experienced federal civil service attorney, can respond to deficiently alleged facts or charge; contest proposed penalty; and request additional information relied upon by the proposing official not supplied to the employee. If there’s been EEO protected activity or EEO claim being considered by the employee, underlying facts can be in the Reply. But bear in mind that a discriminatory event or effective date of a personnel action must be within 45 days of any informal EEO claim. Facts underlying a prohibited personnel practice (PPP) may be included in the Reply. If the deciding official issues a grade or pay deduction, suspension more than 14 days, or discharge, the employee can appeal to the MSPB. If discipline issued is less severe, a whistleblower or PPP claim can be filed with the Office of Special Counsel.
Bev Bates has represented federal employees throughout his career in a private practice organized in 1974; and before that as an assistant U.S. attorney represented federal agencies and employees named as defendants in U.S. Northern District of GA civil cases and appeals. Speak to him directly without charge at 404-262-6272. For 40 consecutive years he’s earned the...
Hospitals will likely spend more to protect themselves from the Centers for Medicare and Medicaid Services’ expanded powers to kick them out of government health programs, which would be ruinous f...