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 represent federal employees in Merit Systems Protection Board (MSPB) appeals. In other articles we go into more depth about various individual aspects of the MSPB appeals process, but this article focuses on a general summary of what to expect during the MSPB appeals process. There are sometimes some differences between appeals, but for the most part the major parts of the appeals process follow below. Continue reading →
We often represent federal employees and applicants in suitability responses and appeals. Suitability involves an investigation and review into an federal employee’s background or fitness for employment. Suitability basically concerns a federal agency’s review of an individual’s “character or conduct that may have an impact on the integrity or efficiency of the service.” I have attached a Sample Suitability Letterfor reference.