The main distinction between federal and private sector employees is that federal employees can only be subjected to an adverse action if they are afforded due process.
At its core, due process requires notice and the right to reply to a proposed removal or other adverse action. Over the years, the U.S. Court of Appeals for the Federal Circuit and the Merit Systems Protection Board (MSPB) have clarified what this means, although the case law is continually evolving. Under current law, before a federal agency takes an adverse action against a federal employee, the agency must:
The proven attorneys at The Federal Practice Group have over a century of combined experience successfully assisting federal employees through the most difficult periods of their lives and careers.
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