Failure to Maintain Condition of Employment Defined

“Failure to Maintain Condition of Employment” refers to situations where a federal employee does not meet the necessary requirements or conditions for their job. Federal employment is governed by various laws, rules, and regulations, and failing to meet these conditions can result in disciplinary actions or even termination. If it is a condition of employment that an employee possess, obtain, and/or maintain a license, certification, or membership status, failure to comply is often the basis for an adverse action. 

However, if an employee is unaware of the agency’s policy, rules or conditions of employment, there is cause to appeal a failure to maintain condition of employment charge.

Failure to Maintain Condition of Employment Examples

Examples of situations that could constitute “Failure to Maintain Condition of Employment” for federal employees include: 

Security Clearance Issues: Many federal positions require employees to hold a certain level of security clearance. Failing to maintain the required security clearance can lead to a loss of employment. 

Performance Issues: If an employee consistently fails to meet the performance standards and expectations set for their position, it can be considered a failure to maintain the condition of employment. 

Attendance and Punctuality: Regular and consistent attendance and punctuality are essential in many federal jobs. Repeated tardiness or excessive absenteeism can lead to disciplinary actions. 

Violation of Ethical Standards: Federal employees are expected to adhere to high ethical standards. Engaging in unethical behavior, such as conflicts of interest, misuse of government resources, or other ethical violations, can result in disciplinary actions. 

Failure to Comply with Regulations: Federal employees are expected to adhere to a wide range of regulations and policies. Failing to comply with these rules, whether related to financial disclosure, reporting requirements, or other regulatory matters, can lead to disciplinary actions. 

Drug or Alcohol Abuse: Substance abuse issues that impair an employee’s ability to perform their duties can lead to disciplinary actions or the requirement to participate in rehabilitation programs. 

Loss of Required Credentials: Some federal positions may require specific licenses, certifications, or qualifications. Losing or failing to renew these credentials can be considered a failure to maintain the condition of employment. 

Failure to Meet Physical Fitness Standards: Certain federal positions, particularly those in law enforcement or the military, may require employees to meet and maintain specific physical fitness standards. Failing to do so can lead to disciplinary actions. 

Violation of Agency-Specific Policies: Different federal agencies may have their own specific policies and requirements that employees must adhere to. Failing to comply with these agency-specific rules can lead to disciplinary actions

Federal Employment Attorneys You Can Trust

Consequences for a Failure to Maintain Condition of Employment charge can vary depending on the federal agency, the nature and severity of the issue, and any applicable laws or regulations. In many cases, federal employees facing such issues may be subject to progressive discipline, which can include verbal counseling, written warnings, suspension, or termination, depending on the circumstances.

If you are being charged with failure to maintain condition of employment, the experienced team of federal employment attorneys at the Federal Practice Group can help.

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Frequently Asked Questions

Federal employees are protected from discrimination based on sex, gender, color, race, national origin, religion, age, and disability, and have the right to file an EEO complaint against their agency should they face discrimination. Federal employees also have the right to due process before being subjected to an adverse action  

Yes, federal employees can sue for discrimination, but first you must exhaust administrative remedies, which includes filing a formal complaint with your agency and letting 180 days pass. In many instances, federal employees elect to pursue their EEO complaints through the EEOC’s hearing process instead of filing a civil action. 

Federal employees must initiate contact with an EEO Counselor within 45 days of any act of discrimination. After an informal complaint stage, you will be issued a Notice of Right to File a formal complaint, which will permit you 15 days to do so.  

Federal employees do not have the right to sue for wrongful termination the way private sector employees do, but most federal employees have the right to appeal a removal to the MSPB, which will adjudicate whether the Agency can sustain any charges raised against you.  

Yes, most federal employees can file a complaint against their agency with the U.S. Office of Special Counsel (OSC) if they are facing whistleblower retaliation. If OSC does not accept your complaint for investigation and prosecution, OSC will issue you an Individual Right of Action (IRA) notice giving you the right to pursue corrective action at the MSPB. Federal employees do not have the right to sue in court under the Whistleblower Protection Act.

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