What happens if my employer attempts to discipline or remove me?
Disciplinary Actions (Suspensions to Removal)
Disciplinary actions can range from Letters of Reprimand to Removal. They can be appealed through the union grievance process or, if involving a penalty greater than a 14-calendar day suspension, through a quasi-judicial administrative process before the Merit Systems Protection Board (MSPB). MSPB cases are heard by federal Administrative Law Judges. In any disciplinary action, the burden is on the Agency to establish factual evidence of the wrongful act by a preponderance of evidence; review mitigating factors (the Douglas factors); and establish that the penalty is reasonable under the circumstances. United States Postal Service (USPS) employees cannot appeal to the MSPB except that USPS employees with military service may file MSPB appeals in some circumstances.
Noucas Law has been representing federal employees before MSPB administrative Law Judges and the full MSPB for over 30 years. Noucas Law also specializes in helping employees from the beginning of the removal process including the Oral and Written Reply phase. Oftentimes, a solution can be reached before a hearing and extensive and costly litigation.
Adverse Actions are typically symptomatic of broader workplace issues. The Noucas Law Approach is to evaluate all such situations to find the best possible overall solution for the employee. For example, if a termination involves injury/illness or attendance issues, a disability retirement or discontinued service annuity may be warranted.
Security Clearance Issues
Since 9/11, there have been heightened security concerns throughout the federal workplace. Oftentimes an employee’s job is dependent upon having a security clearance. Employees in debt or believed to be a danger to themselves or others can be walked off the job, subjected to medical and psychological evaluation, and be placed on indefinite suspension while the matter is reviewed by a higher security agency such as a the Department of Defense Central Adjudication Facility (DODCAF). Immediate legal assistance is critical to making this a short-term issue. If proper information (medical and otherwise) is not submitted right away, an employee could be on indefinite suspension without pay for a year or more before the security agency makes a final decision. Noucas Law has extensive experience in these matters and has found a variety of solutions over the years representing employees on the issues. Noucas Law offers the expertise to represent an employee in front of the local security access board all the way up to representation in front of the security office at the national level.
Disciplinary actions can range from Letters of Reprimand to Removal. They can be appealed through the union grievance process or, if involving a penalty greater than a 14-calendar day suspension, through a quasi-judicial administrative process before the Merit Systems Protection Board (MSPB). MSPB cases are heard by federal Administrative Law Judges. In any disciplinary action, the burden is on the Agency to establish factual evidence of the wrongful act by a preponderance of evidence; review mitigating factors (the Douglas factors); and establish that the penalty is reasonable under the circumstances. United States Postal Service (USPS) employees cannot appeal to the MSPB except that USPS employees with military service may file MSPB appeals in some circumstances.
Noucas Law has been representing federal employees before MSPB administrative Law Judges and the full MSPB for over 30 years. Noucas Law also specializes in helping employees from the beginning of the removal process including the Oral and Written Reply phase. Oftentimes, a solution can be reached before a hearing and extensive and costly litigation.
Adverse Actions are typically symptomatic of broader workplace issues. The Noucas Law Approach is to evaluate all such situations to find the best possible overall solution for the employee. For example, if a termination involves injury/illness or attendance issues, a disability retirement or discontinued service annuity may be warranted.
Security Clearance Issues
Since 9/11, there have been heightened security concerns throughout the federal workplace. Oftentimes an employee’s job is dependent upon having a security clearance. Employees in debt or believed to be a danger to themselves or others can be walked off the job, subjected to medical and psychological evaluation, and be placed on indefinite suspension while the matter is reviewed by a higher security agency such as a the Department of Defense Central Adjudication Facility (DODCAF). Immediate legal assistance is critical to making this a short-term issue. If proper information (medical and otherwise) is not submitted right away, an employee could be on indefinite suspension without pay for a year or more before the security agency makes a final decision. Noucas Law has extensive experience in these matters and has found a variety of solutions over the years representing employees on the issues. Noucas Law offers the expertise to represent an employee in front of the local security access board all the way up to representation in front of the security office at the national level.
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