Hire a law firm that has successfully defended thousands of federal employees in discipline over the past 25 years
Our federal employee disciplinary lawyers defend federal employees nationwide. We have been defending federal employees for over 25 years in disciplinary cases. Our founder, John Berry, Esq. has developed a law firm dedicated to handling the needs of federal employees facing discipline. We focus on proposed removal actions against federal employees.
Federal Employee Disciplinary Actions
We advocate strongly for our clients when they are facing the possibility of serious discipline. More serious cases are referred to as adverse actions which include proposed removals, proposed suspensions over 14 days, demotions and other actions. Disciplinary actions include shorter suspensions. letters of warning, letters of reprimand, and oral or written counselings. We also represent federal employees in Performance Improvement Plan (PIP) defense. PIP cases are unique and handled differently than traditional discipline. When federal employees receive proposed discipline it is important to hire a federal employee attorney as soon as possible. The earlier action is taken to defend a federal employee, the better.
Preparing a Federal Employee’s Legal Defense
When dealing with proposed disciplinary actions, it is important to line up legal representation quickly. The disciplinary process can be very quick and varies between federal agencies. Often, federal employees find themselves on short notice to find an attorney with experience in federal employment cases. Our firm often has availability on short notice when these disciplinary cases occur. The first step in preparing a good defense for a federal employee is to find out all of the facts concerning the allegations. It is critical to go over even minor facts that can be used in the defense of a federal employee. Our attorneys then review the governing regulations for all allegations and evaluate other factors to be used in the defense process.
Steps in the Federal Employee Disciplinary Process
If a federal employee is issued a disciplinary action, like a proposed removal, the paperwork will include a description of the alleged misconduct and the type of charge against the employee. Federal employees in serious cases have the right to an attorney, to respond to the proposed discipline in writing and orally.
1. Review all Deadlines
The first thing that a federal employee should do upon receiving proposed discipline is to calendar all due dates for requesting materials, responding in writing and for requesting an oral response. There are often different dates for each request. If a due date is missed, federal employee response rights can be waived. It is important to take this first step right away. Placing these deadlines in a calendar is critical.
2. Request the Materials Relied Upon
It is important for federal employees to review the materials relied upon in preparing their defense. These are just the materials that have been gathered by the federal agency to support the case against the federal employee. When we represent federal employees facing discipline, we request from the agency all of the materials it has relied upon. If some cases we often also request an extension of time to respond in order to obtain the materials and have the opportunity to fully review them.
3. Prepare a Detailed Written Response with Exhibits
In almost all cases, a federal employee must present a written response to the allegations in a proposed disciplinary action. In disciplinary cases, we respond to the merits of the federal employee’s alleged misconduct and argue for mitigation under the Douglas Factors. The Douglas Factors are mitigating reasons as to why a particular disciplinary penalty should be reduced (i.e., based on years of successful service, no prior disciplinary actions). Written responses can often run between 5 and 20 pages, plus several exhibits. It is not uncommon to present a written response that is 10 pages in length, with 25 pages of exhibits attached. This is a very serious type of response and needs to be carefully drafted.
Responding to Proposed Disciplinary Actions
Douglas Factor Defense for Federal Employees
4. Prepare for the Oral Response
It is very important to consider presenting an oral response in serious disciplinary cases. This is the opportunity for federal employees, with their attorney, to argue directly to the decision maker. We recommend this in most of our cases. This can make all of the difference in the final decision. Our federal employee attorneys prepare individuals for their oral response and represent them during the proceedings. It is most often the case that both the lawyer and the federal employee speaks, but each oral response is tailored to the individual facts of the case.
5. The Decision is Issued
After the responses have been submitted, it can take 1 week to a few months to obtain a decision in a federal employee case. Sometimes our attorneys are able to speak with government attorneys and resolve proposed discipline before a decision is issued. If a decision is issued, then it is either favorable or will provide all appropriate appeal rights. Our lawyers make it a point to inform clients about decisions that are issued immediately so that appropriate steps can be taken where needed.
Federal Employee MSPB Appeals
If a federal agency issues a decision against a federal employee, it is important to have counsel experienced in taking the next step and filing an appeal of the disciplinary action. There are numerous types of appeals, depending on an individual case. These include filing an appeal with the Merit Systems Protection Board, the Equal Employment Opportunity Commission, the Office of Special Counsel, Grievance Process and other venues. Our attorneys have litigated these cases since the 1990s and guide federal employees in appeals when needed. For certain Veterans Affairs employees, a separate appeals process is available, known as the Disciplinary Appeals Board. Our federal employee disciplinary lawyers also frequently teach other attorneys during Continuing Legal Education (CLE) courses about the unique aspects of federal employment law and the best methods of defending federal employees.
Contact Us
Please contact Berry & Berry, PLLC to schedule a consultation with an attorney to discuss your matter. It is important that federal employees who have been issued proposed discipline of any nature consult with an attorney who is familiar with these areas as soon as possible. The timelines for responding to a proposed action and in requesting the materials relied upon can be extremely short (e.g., 7 to 14 days), so it is important to consult with an attorney as soon as an action is received or contemplated.
