Protecting Workers’ Rights

Focusing on the Rights of Federal Employees

Are You Facing Disciplinary Or Adverse Action?

If you are a federal employee accused of misconduct, obtain experienced legal help. This is a highly complicated area of the law, and the results can significantly affect your life.

At Passman & Kaplan, P.C., Attorneys at Law, we have more than 25 years of experience advocating for federal workers across the U.S. Whether you are accused of falsifying federal information, misusing government property or performing poorly, we know how to protect your legal rights.

Our lawyers are recognized leaders in this field of law. In fact, they wrote the book on it. Their ” Federal Employees Legal Survival Guide” is an invaluable resource for employees and attorneys alike.

We Have Extensive Experience Before The Merit Systems Protection Board

If you are facing allegations of wrongdoing or poor work performance, your agency may respond with either disciplinary or adverse actions. A lesser disciplinary action could take the form of a written warning or a five-day suspension. More severe disciplines are called “adverse actions” which consist of actions such as:

  • Suspensions of more than 14 days
  • Demotions or downgrades
  • Removals

Even a furlough of 30 days or less is considered an “adverse action.”

Discipline based on misconduct must follow one set of procedures while discipline for poor performance generally follows a separate set of procedures. Regardless of the reason for the action, the agency must give you a written proposal and a right to reply before it can take any action against you. Ultimately, you may have various appeal opportunities, including an appeal to the U.S. Merit Systems Protection Board (MSPB).

Our firm has handled countless adverse action cases before the MSPB and in arbitration for union members. We have a clear understanding of the steps employers must follow before taking action against federal employees and the skills needed to fight those actions. If you have received a written proposal of discipline or adverse action, turn to P&K immediately.

Challenging The Agency’s Action On Your Behalf

P&K will not hesitate to challenge the disciplinary or adverse actions based on any procedural errors or violations of your constitutional rights. If your agency failed to provide you with appropriate notice, we will challenge the allegations against you based on a due process violation. A due process violation may result in the action against being entirely dismissed.

Of course, we can zealously challenge the allegations against you. We will also advocate for the allegations to be dropped based on a lack of evidence or contradictory information. If the allegations are wholly or partially true all is not lost. P&K will advocate for a reduction in the penalty based on a wide variety of factors, including how similar cases have been handled and your past work record. This zealous advocacy starts at the proposal stage and, if litigation is necessary, we will competently represent you to achieve a just result.

P&K will take all appropriate measures to mitigate the federal disciplinary action against you. Call our Washington, D.C., office at 202-789-0100 or 800-881-0140 or contact us online.

Authors of:

How to Protect and Enforce Your Job Rights 3rd Edition


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