Adverse Actions

DC Federal Employment Law Attorney

If you have been subjected to adverse actions as a federal employee, you have the right to initiate legal action against your employer. It is critical that you seek professional legal assistance from an experienced DC federal employment lawyer at the Solomon Law Firm, PLLC who can protect your legal rights in challenging such actions. Adverse actions consist of being suspended for more than 14 days, being terminated from federal civil service, or demotion as a federal employee to a lower-paying position. With the skilled legal help of an attorney at the firm, you can file an appeal with the Merit Systems Protection Board (MSPB) which is an independent quasi-judicial agency in the Executive branch which hears cases involving disciplinary actions against federal employees and certain USPS workers.

Appeals to the Merit Systems Protection Board

When you file an appeal with the MSPB challenging any of the above adverse actions, your case will be reviewed through the use of the Douglas Factors, based on a MSPB case (Douglas vs. Veterans Administration). These factors comprise the criteria of evaluation that will be used by the Deciding Official in determining whether the action taken against you (suspension, termination, or demotion) was appropriate in light of the charges and allegations of misconduct levied against you and whether the proposed penalty promotes efficiency in federal civil service.

Many factors exist in the Douglas Factors, including such considerations as the nature and seriousness of your offense, your past disciplinary record, your overall work record, your type and level of job, how the penalty given you relates to penalties given to others under similar circumstances, your understanding of the rules you violated or the consequences of your conduct, mitigating circumstances, and many more.

In addition to the Douglas Factor analysis, there are several affirmative defenses that can be raised in response to a proposed adverse action (like a suspension or demotion). Common affirmative defenses include, but are not limited to, allegations of whistleblower retaliation, discrimination, procedural due process violations, and harmful error. It is best to ask an experienced federal employment attorney evaluate which affirmative defenses may be appropriate to argue on your behalf.

Our Washington DC federal employment law attorneys have an unparalleled work ethic and will tirelessly work to place you in the best strategic position under the circumstances and to achieve a positive case outcome in your appeal, regardless of the severity of charges against you. The firm has extensive experience in representing federal employees before the MSPB and with managing the David and Goliath complex that often times emerges in litigation against the Country’s largest employer, the United States Government.

Contact a Washington DC Federal Employment Lawyer at the firm for experienced legal representation in any adverse action taken against you as a federal employee.

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