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.
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.
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.
The weekend is almost here. Before you double check your Congressional district or head to bed for some much-needed sleep, let’s revisit the past week of news in Fairfax County….
McLean High School teacher Jeffrey Brocketti can’t wait to tell everyone what he discussed with host Pat Sajak during a “Wheel of Fortune” commercial break. He will soon be allowed…
A DogFest is coming to Reston Town Square Park tomorrow (Saturday). The event, slated to take place from 11 a.m to 3 p.m. at 11900 Market Street, will benefit Canine…
(Updated at 6:15 p.m.) — Bailey’s Crossroads, including Route 7 and Crossroads Place, has reopened and shelter-in-place orders have been lifted after reported gunshots prompted a massive police response to…
Are you tired of going to the gym? It might be the crowds, the locker room, waiting on equipment or the time it takes to commute to the gym.
Having a personal trainer come to your home will keep you accountable, save you time and allow you to workout in the comfort of your own home.
Skip the hassle of the gym and try our in-home personal training service.
Our services are reasonably priced, convenient, effective and are risk free.
Ending your marriage and living in the shadows of its pain is one thing, but when children (2 and 4 legged ones) are involved it’s not only about you. Divorce Mediation is the way to resolve the past and establish a solid, cooperative foundation to reorganize the relationship with your former partner. Everyone involved will benefit and you will gain peace-of-mind. Divorce Mediation is the cost effective way to negotiate your divorce and sign a Separation Agreement that is equitable and fair.
Walid Jawad will facilitate the divorce process in a calm and thoughtful manner to help you establish the foundation for your next phase in life. Walid’s 5-Star google reviews is a testament to his dedication to limiting divorcing couples’ stress during this intense transitional period.
Mediate your divorce virtually from the convenience of your kitchen table for $1,200 and save yourself the average Virginia cost of $15,000 per divorce and $22,000 with children. Make a complimentary appointment with Walid at Aether Mediation here: www.aethermediation.com
The Ravel Dance Company will present this holiday tradition for the 2nd year at the gorgeous Capital One Hall main stage. It is a wonderful way to start the holiday season. Follow Clara through her journey to the Pine forest,