Email signup

Legal Insider: Defending federal employees nationwide in discipline cases

This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.

By John V. Berry, Esq.

Approximately over 20,0000 federal employees are subject to formal discipline a year. Our nationwide federal employee lawyers represent federal employees in disciplinary cases. Each disciplinary action defense is different and requires careful planning.

Disciplinary Process for Federal Employees

There are various types of disciplinary actions for federal employees. They include letters of counseling, reprimands, suspensions, demotions and removals. For most serious disciplinary actions, referred to as adverse actions, a federal employee will first receive a notice of the proposed discipline and the opportunity to respond. A proposal will typically have an explanation of the conduct or issues leading to the proposed disciplinary action.

If a federal employee is issued a notice of proposed disciplinary action, they will have the opportunity to contest it before it becomes final. A federal employee can choose to provide a written response, an oral response or both. We often recommend providing both oral and written responses.

Request Disciplinary Materials

In most disciplinary cases, it is important for federal employees to request all of the materials that have been relied upon by the agency in proposing the discipline. We request these materials before responding on behalf of federal employees at the beginning of a case.

Draft a Written Response

It is important to prepare a full written response to the allegations in proposed disciplinary cases. These responses are typically 5 to 20 pages in length, depending on the underlying facts. Most written responses are typically due anywhere from 7 to 30 days after a proposal is given to a federal employee. We also attach exhibits to these responses, including supporting evidence, good performance records and character support letters.

Present an Oral Response

The oral response portion of a federal employee’s response can be very important. While written responses can be key to refuting specific allegations, there is something very important about personally meeting with the person that will make the decision. We think that in serious cases, oral responses can make a significant difference in outcomes. We represent federal employees during oral responses.

Appeals

If an unjust disciplinary decision is sustained by a federal agency, there are various options for federal employees to appeal further. If serious enough, an individual can appeal to the Merit Systems Protection Board (MSPB). Other potential appeals can include filing Equal Employment Opportunity complaints or whistleblower appeals, where applicable. There are also a number of other types of appeals that can be brought, but legal advice is important when making such decisions.

Conclusion

When a federal employee receives a proposed disciplinary action, it is important to have an attorney represent or advise them from the beginning. Our lawyers represent federal employees nationwide in all types of federal employee discipline. We can be contacted at www.berrylegal.com or by telephone at (703) 668-0070.

Recent Stories

Four McLean residents lost their home last week in a fire that investigators say was ignited by grease on an outdoor grill. The fire started accidentally in the 6000 block…

Morning Notes

D.C. Area Briefly Had World’s Worst Air Quality — “‘Very unhealthy’ and ‘hazardous’ air quality put the health of people across the Washington, D.C., area at risk Thursday as smoke…

This past week saw 218 homes sold in Fairfax County. The least expensive condo, single-family home or townhouse sale over the past seven days was $180,000 while the most expensive…

Today (Thursday) marks a decade of community service, youth leadership, political activism and civic engagement in Virginia by the Hamkae Center. Over the last 10 years, the local nonprofit has…

Camps are just the beginning of what’s in store at Art House 7 this summer. We’re thrilled to offer an array of exciting classes for both kids and adults!Rediscover your creativity with some of our AH7 favorites, such as drawing, hand-sewing, modern embroidery, and our popular 3-week Jump into Crochet classes. But that’s not all! We’ve added some fresh and exciting options to our summer class selection, guaranteed to spark your imagination.

To enhance your artistic journey, we have intensified some of our Ceramics: The Wheel classes to a full 3-hour duration. This extended time allows for more creativity and skill development in each class session. If you’re eager for a captivating twist, give Contemporary Still-Life Drawing & Painting a go. Or why not try an immersive outdoor painting adventure? We have a unique opportunity for you to bring your painting skills to life while learning and creating in the great outdoors with our Landscape Painting: Studio and Plein Air class!

We invite you to visit our website and explore our full Summer Session schedule, brimming with a diverse range of classes and camps. Classes and camps begin June 20th. Unleash your inner artist, broaden your horizons, and embark on a summer adventure like no other. Let’s make this a summer to remember at Art House 7!

Submit your own Community Post here.

Potomac Harmony Chorus has a new director! We’re ready
to kick off the season with new music, a new approach, and YOU!

Potomac Harmony is one of 500 choruses in Sweet
Adelines International. We’re a vibrant,
contemporary, inclusive, welcoming, and open community of women singers who
perform four-part harmony, barbershop style, committed to a high level of
achievement through teaching, mentoring, personal growth, and performance. Our vision is to entertain, educate, and
enrich lives through musical expression while promoting the barbershop art
form.

Potomac Harmony recently had our first performance
with our new director, receiving rave reviews! We invite you to stop by any Wednesday
evening and be part of the fun and harmony!

Read More

Submit your own Community Post here.

Army Birthday Festival – Free and Fun

Make Saturday, June 10, 2023 a great day!

Come celebrate the Army Birthday Festival at the National Museum of the U.S. Army from 9:00 a.m. – 5:00 p.m. Rain or Shine!

• Experience outdoor and indoor fun activities, for all

Unveiling of West Ford historical highway marker

Gum Springs will be celebrating 190 years of its founding by freedman West Ford on Saturday, June 17, 2023. To kick-off the celebration, there will be an unveiling of a Virginia historical highway marker for West Ford on Fordson Road

×

Subscribe to our mailing list