What Are Disciplinary and Adverse Actions?
In order to discipline, demote, suspend, or dismiss you, the federal government is required to go through the formal process of proposing a disciplinary or adverse action. When your federal agency believes that your job performance is inadequate or that you were responsible for some form of misconduct, they will issue a “notice of proposed disciplinary or adverse action.” This document will outline and explain the charges made against you. A proposed disciplinary or adverse action is typically preceded by a federal employee investigation conducted by government lawyers and agency officials.
Disciplinary actions can include letters of reprimand and suspensions of 14 days or fewer. Adverse actions involve suspensions of 15 days or more, demotion, or termination.
When you receive a notice of proposed disciplinary or adverse action, you should immediately explore hiring legal representation. Penalties in disciplinary or adverse action cases, including suspensions, terminations, and demotions, will in most cases remain on your Official Personnel File (OPF) permanently. This will jeopardize your ability to advance your career in both the public and private sectors.
Why You Need Legal Representation for Your MSPB Hearing
If you suspect that you are the victim of punitive or inappropriately motivated disciplinary or adverse action, you should assume that your agency is carefully positioning your case to all but guarantee that your appeal is rejected. Our MSPB attorneys who are based out of the Tampa Bay Area have a complete knowledge of federal employment law and can effectively combat inflated and false charges.
Our legal team will do everything possible to facilitate a successful appeal, which can yield the following benefits:
- Reinstatement of your position
- Reinstatement of your pay and benefits
- Awards for compensatory damages, including any appropriate back pay and legal expenses
- Removal of disciplinary or adverse actions from your OPF
- Any promotions or pay grade bumps that were improperly denied
Should the MSPB reject your appeal, we can consider appealing the agency’s decision to a federal court. We will evaluate every facet of your situation and help you understand your legal options.
We understand that your career and professional reputation are at stake. Even a seemingly minor disciplinary action can damage your ability to advance, while an adverse action resulting in termination can threaten to end your federal employment career entirely. Our MSPB attorneys who are located in the Tampa Bay Area are committed to championing the rights of federal workers accused of misconduct and will stop at nothing to deliver the favorable results that you need.