Disciplinary and Performance Actions

Disciplinary and Performance ActionsReceiving a Proposal for a Removal, Downgrade, or Suspension is a traumatic experience, usually exemplifying the lowest point in a Federal Employee’s career, and sometimes even his or her life. If the Proposal is for Removal, the stress is amplified in that an entire career, and everything one has worked for, is now in real jeopardy.

At this office, we understand the seriousness of such an action and do everything in our power to fight the Proposal. We are knowledgeable and experienced attorneys and have learned “tricks of the trade” that no other firms would know unless well versed in the field. We think creatively, and often advise our clients to take steps to proactively defend against these actions.

What distinguishes this firm from others is that our primary attorneys who work here have over a decade of experience in all matters concerning disciplinary actions, performance actions and the Merit Systems Protection Board.

We know your rights, including your right to be represented by an attorney, to review the materials relied upon, to submit an Oral Reply and a Written Reply, and to submit witness statements. We understand all Due Process violations, as well as other Affirmative Defenses such as USERRA, Discrimination, and how these defenses can be used in responding to the Proposal.

Additionally, in Responding to a Proposal, this firm has complete knowledge of the different burdens of proof the Agency has in trying to substantiate the charge. For example, the burden of proof is different for actions based on alleged misconduct as opposed to alleged non-performance. Normally, we can utilize this information to explain to the Deciding Official how the Agency’s charges and specification cannot be sustained.

In submitting our reply, we provide an extensive Attorney Brief that goes through the Douglas Factors, which are mitigating factors and must be properly analyzed before a Decision on a Proposal is rendered.

We have successfully argued these cases, getting Proposals for Removal, Downgrades, Suspensions, etc. significantly reduced or thrown out all together. We have represented GS-05s all the way up to SES. We take these cases very seriously in that fighting these cases at the lowest level can save your job with the least expense and heartache. During the time you are fighting the proposal, you are still on paid status. If removed, you are no longer on paid status even if fighting the matter at the MSPB.

For you best chance of success NOW, contact Jonathan Bell at 855-FED-ATTY (855-566-2355). It will probably be one of the most important calls you will ever make in your career. We pride ourselves in helping Federal Employees.

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