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Federal Employee Disciplinary Action lawyer DC
A federal employee disciplinary action lawyer in DC protects the rights of workers whose rights were violated by their federal employer. Most federal workers share the same rights as other workers in America, with certain exceptions such as those who are active military members or are national security-focused employees. The Federal Practice Group has a firm understanding of the laws that protect federal employees and when their rights have been violated, we work aggressively to get them the justice they deserve.
Common Reasons Given for Disciplinary Action
A DC federal employee disciplinary action lawyer knows very well a federal agency may provide a reason for why they are disciplining or terminating an employee, but it may not be justified. In fact, the burden of proof rests on the agency’s shoulders, and there must be a rational cause for disciplining the employee.
Each federal employee disciplinary action lawyer DC from our firm has seen many instances when the employee was unfairly targeted for discipline or termination and the provided reasoning was baseless. When we take a client’s case, we make every effort to prove that an agency’s manufactured reason for disciplinary action is not lawful, and we demand fair compensation for the damages our client suffered as a result. In addition to lost wages, that might include compensation for their embarrassment and emotional suffering.
Here are some of the most common reasons given by federal agencies for disciplining or terminating an employee:
- The federal employee knowingly entered into a conflict of interest. The agency must prove that the employee did not take any measures to avoid a situation that they knew would compromise them, or might appear to compromise them.
- The federal employee exhibited habitual tardiness or unapproved absenteeism. A federal employee disciplinary action lawyer in DC may be able to show that the complaint used unreasonable standards and unfairly targeted the employee.
- The federal employee failed to maintain one or more conditions of their employment. For instance, if they must have a clean driving record but they were convicted of driving under the influence. If the employee was terminated as a result, and if they met their conditions in the meantime, their federal employee lawyer may be able to secure them a reinstatement of their position.
- The federal employee refused to accept a reassignment. Many employees are subject to being re-assigned a different set of duties or being moved to a different office location.
In short, as a federal employee disciplinary action lawyer in DC might explain to you, there are a number of different kinds of conduct that can result in disciplinary actions. These include:
- Falsifying federal information
- Engaging in conduct that is considered to be unbecoming
- Violence in the workplace
- Harassment in the workplace
- Violating prohibited workplace practices
- Misuse of government property
- Stealing government property
- Poor performance
- Failure to follow the order of a supervisor
Finding out that you are facing disciplinary actions can be extremely stressful. The first thought that may come to mind could be regarding your job, and whether you will lose it. If you are concerned about this, or your future career, please call a federal employee disciplinary action lawyer in DC.
If you are accused of any conduct included above, or something else, there will likely be an investigation. You may also be given a written proposal, and the right to reply. At this point the disciplinary stage may begin. No matter what the decision is, nearly every federal employee has a right to appeal it. In order to do so, a strict process must be followed. By having a federal employee disciplinary action lawyer in DC on your side, you can feel confident in knowing specific requirements and deadlines are met.
It should be understood that disciplinary actions tend to be less severe than adverse actions. For example, a disciplinary action might result in a warning or brief suspension; whereas, an adverse action could result in a removal. Some results of a disciplinary or adverse action may include:
Removal – Termination of employment
Demotion – A reduction in the employees grade, pay, status, position, or rank
Suspension – The temporary removal of an employee from performing their job
Notices That an Employer Must Provide
It is mandatory that employers provide their federal employees with a notice prior to any disciplinary action. The notice requirements vary depending on the circumstances and factors. As a federal employee disciplinary action lawyer in DC might explain to you, they are as follows:
Suspension of 14 or Less
The notice must include the reasons for the proposed suspension of 14 days or less. It should also inform the employee on their right to review any materials that have been used to recommend the suspension. Employees should be given a minimum of 24 hours to defend themself, which includes writing an answer and providing evidence to support their defense. They should also receive a written notice of their grievance rights. A federal employee disciplinary action lawyer in DC can guide you through this process.
Suspensions Greater Than 14 Days
For a suspension that is greater than 14 days, the employee must be notified a minimum of 30 days prior to the dates of suspension. Only when the employee has committed a crime that could be subject to imprisonment is this notice period nullified. The employee will have a period of at least 7 days to respond and provide evidence to support their defense. They also have a right to review any documents or evidence that the employer is relying on.
As a federal employee disciplinary action lawyer in DC might tell you, indefinite suspensions are not common. When they do occur, it is often because the employee has committed a crime, has a medical condition that impacts their safety in the workplace, or their security clearance has been revoked.
To learn more about how a federal employee disciplinary action lawyer in DC can help you, call The Federal Practice Group.
Federal Probationary Employees
If you are a probationary employee for the federal government, you may be wondering if you have the right to appeal an employment action against you. A federal employee disciplinary action lawyer from The Federal Practice Group can clarify whether or not your circumstances allow it. Generally speaking, the employee can file an appeal if the disciplinary action was based on one or more of the following:
- The employee exercised their civil rights.
- Political partisanship.
- Present or previous military service.
- Marital status.
Free Consultation with a DC Federal Employee Disciplinary Action Lawyer
If you were discriminated against in your workplace and you’re a federal employee, protect your rights. The Federal Practice Group fights hard for the justice of our fellow DC community members. Call us to schedule a complimentary case review with our federal employee disciplinary action lawyer DC clients recommend.