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Federal Employee Discplinary & Performance Cases

Washington, D.C. Federal Employee Disciplinary Action Attorneys

Fighting for Federal Employees in Northern Virginia and Southern Maryland

Contrary to what some may believe, the government can fire a federal employee. However, federal employees tend to have enhanced protections not enjoyed by private-sector workers. A federal agency must go through specific procedures when seeking to discipline a federal employee for conduct or poor performance.

If you are a federal employee who learns your employer is proposing some form of discipline, you have the right to legal representation and advocacy throughout the process. At Pitre & Associates, LLC, we focus much of our practice on defending and enforcing the rights of federal employees. Our Washington, D.C. federal employee disciplinary action lawyers have successfully prevented the removal and/or suspension of several of our clients. We understand how to effectively approach these proceedings and will leverage our knowledge to fight for you from beginning to end.

Call (202) 759-6544 or contact us online to schedule a free initial consultation. Se habla español.

Receiving Notice of Proposed Discipline

Except in the most extreme cases, your federal employer cannot immediately take certain types of disciplinary or adverse action against you. They can issue a Letter of Reprimand, which functions as a formal warning and remains on your personnel file for a set period of time, without any notice. If your employer is attempting to suspend you (for 15 days or more), demote you, or terminate you, however, they must give you at least 30 days of advanced written notice. Federal employers can sometimes circumvent this requirement if they have reason to believe you committed a crime that could result in imprisonment.

Key Information Included in a Notice of Proposed Discipline

  • Details of the proposed action. The notice should clarify whether your employer is trying to suspend, demote, or remove you from your position. Again, your employer does not have to give you notice if they are only trying to issue a Letter of Reprimand or suspend you for a period of 14 days or less.
  • An explanation of the charges. The notice should clearly articulate why the discipline is being proposed. Specifically, it must clarify what alleged instance(s) of misconduct or poor performance justify the proposed action. You must have enough information to be able to defend yourself, and you are allowed to request all relevant evidence. 
  • An explanation of your rights. As a federal employee, you have the right to respond to the charges orally, in writing, or both. You must be given a reasonable amount of time to prepare and deliver your response. In most situations, seven days is considered a reasonable amount of time. The Notice should also reinforce you have the right to legal representation. You must hire your own legal advocate, as your employer is not required to provide one to you.

You must act quickly when you receive a notice of proposed discipline. Do not wait to get in touch with our Washington, D.C. federal employee disciplinary action attorneys, who can help you understand the charges and get to work on a defense strategy. Remember, you only have 30 days before your employer can take further action. You should also contact our firm if your federal employee suspends, demotes, or terminates you without providing sufficient advance notice. 

Why Choose Pitre & Associates?

  • Expertise

    Our attorneys bring over 15 years of experience in federal employment law, specializing in complex legal matters like discrimination, wrongful termination, and whistleblower protections. We are committed to staying at the forefront of legal developments to provide the most effective strategies for our clients.

  • Results

    Our attorneys have successfully negotiated over 8 million dollars in compensatory awards and attorney fees for clients. We’ve also prevented the removal and/or suspension of several federal employees, demonstrating our ability to achieve favorable outcomes. See our News and Case Successes for more details.

  • Reputation

    Pitre & Associates, LLC and its attorneys have maintained an impeccable record with no complaints to the DC Bar or negative reports to the Better Business Bureau. Our reputation reflects our commitment to professionalism, ethical standards, and high-quality service for every client.

  • Reliability

    Pitre & Associates, LLC has built a reputation for trust, earning the confidence of nearly every client we represent. Our personalized approach makes clients feel valued, and we take great pride in achieving high levels of satisfaction by focusing on their unique needs and providing exceptional service.

Understanding How Federal Employers Determine Disciplinary Actions

Initial adjudication proceedings for a proposed disciplinary action will not resemble a trial. A third-party official will review the notice of proposed discipline, the evidence your employer used to justify that notice, and your written or oral response(s). They will not review new evidence or conduct an additional investigation.

Evidence Standards for Misconduct Allegations. In situations where a proposed discipline involves allegations of misconduct, your employer only has to offer preponderant evidence. This means the deciding official must believe you “more likely than not” committed the described offense. This standard is much lower than that of a criminal trial, in which someone is innocent until proven guilty beyond a reasonable doubt. 

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