There are two parts to a federal employee’s disciplinary case: (1) whether the federal employee committed the offense charged; and (2) if they committed the offense, what should the penalty be? One of the most significant issues in defending a federal employee in disciplinary cases involves arguing for mitigation of the penalty in a disciplinary case. Arguing for mitigation generally means that we argue for the application of the Douglas Factors in attempting to mitigate (or reduce) disciplinary penalties issued in a case.
We often represent and defend federal employees in proposed disciplinary actions. When a federal employee is facing proposed discipline it is important for them to speak with an attorney knowledgeable in federal employment law for legal advice and representation. This article outlines some key points for federal employees as they respond to proposed disciplinary actions. We have also drafted a Sample Proposed Action, a hypothetical proposed removal, so that federal employees can better understand how a disciplinary action starts. Continue reading →