A proposed removal action doesn’t have to define the outcome of your career. Federal employees often face these situations, and while they are serious, they also present an opportunity to tell your side of the story. By addressing the issues directly and providing a well-organized response, you can shift the narrative and show why your continued service benefits the agency. This process is about more than just defending yourself—it’s about ensuring fairness and protecting what you’ve worked hard to build. Before you can respond meaningfully, get a copy of the evidence file. The “evidence file,” sometimes referred to as the “materials relied on,” represents the universe of evidence your federal agency will consider when evaluating whether to take an employment action against you.
Emphasize Your Contributions and Career Accomplishments
When responding to a proposed removal action, start by highlighting your career achievements and contributions to the agency. This establishes a positive foundation and reminds decision-makers of your value. Include specific examples, such as commendations from supervisors, awards, or successful projects you’ve led. Performance reviews that demonstrate consistent dedication and excellence can also strengthen your case.
By clearly presenting your professional accomplishments, you create the context that may counterbalance the charges. Frame this as an opportunity to show how your skills, reliability, and past successes have benefited the agency. This strategy not only reinforces your credibility but also underscores why the agency should reconsider the proposed action.
Obtain and Include Character References
Character references play a significant role in challenging a proposed removal action. These letters provide insight into your professionalism, work ethic, and value to the agency from those who have worked closely with you. Reach out to colleagues, supervisors, or others who can attest to your character and contributions. Ask them to include specific examples of your teamwork, reliability, or leadership. Including these endorsements shows decision-makers that you are respected and valued, reinforcing why the proposed removal action may be unwarranted.
Refute the Charges
Addressing the charges in the proposed removal action is a critical part of your response. Carefully review the allegations and provide a point-by-point rebuttal. Use factual evidence to challenge inaccuracies and demonstrate why the charges lack merit. Below are some common charges federal employees face and strategies for refuting them:
- Performance Issues: Provide records of positive performance reviews or successful projects. Include documentation showing you met or exceeded expectations.
- Conduct Violations: Present evidence contradicting the allegations, such as witness statements. Highlight any mitigating circumstances that explain the situation.
- Attendance Problems: Share medical records, approved leave requests, or other documentation showing compliance with leave policies. Refute claims of unapproved absences with timesheets or supervisor approvals.
- Insubordination: Show evidence of compliance with directives or clarify any misunderstandings about instructions.
You can build a strong defense by systematically addressing each charge with evidence and context.
Assert Affirmative Defenses
Asserting affirmative defenses can strengthen your response to a proposed removal action. These defenses go beyond refuting charges and introduce factors that make the action unjust or unlawful. Common affirmative defenses include whistleblower retaliation, discrimination, or violations of procedural rights.
For example, if you reported misconduct and believe the proposed removal is retaliatory, present evidence linking your report to the action. Similarly, if you’ve experienced discrimination based on race, gender, age, or another protected category, provide documentation or witness statements that support your claim.
Perform a Douglas Factor Analysis
The Douglas factors are a set of criteria agencies must consider when determining disciplinary actions, including proposed removals. Conducting a Douglas factor analysis in your response demonstrates that the proposed penalty is disproportionate or unnecessary. Address these factors thoughtfully and include evidence where applicable. Key Douglas factors to evaluate include:
- Seriousness of the offense: Explain mitigating circumstances or context that reduce the severity of the allegations.
- Past disciplinary record: Highlight a clean or commendable record to show the proposed penalty is excessive.
- Length of service and performance: Emphasize years of dedicated service, awards, or consistently high performance evaluations.
- Potential for rehabilitation: Demonstrate a willingness to address concerns and improve, if applicable.
- Consistency with other cases: Point out inconsistencies if similar offenses have resulted in lesser penalties.
Consider an Oral Reply
Federal employees have the right to submit both an oral and written reply to the proposal notice. Consider whether an oral reply will advance your position. The oral reply should not reiterate all the points raised in the written reply, rather key factors should be emphasized. The oral reply is ultimately before the deciding official, who will consider both the written and oral reply when deciding whether to sustain the charges listed in the proposal notice.
Consult with an Attorney
Responding to a proposed removal action is a high-stakes process, and Solomon Law Firm, PLLC can help you navigate it effectively. Our team will work with you to craft a thorough, persuasive response, ensuring that every detail is addressed. We assist in identifying strong arguments, gathering relevant evidence, and asserting defenses like whistleblower retaliation or discrimination claims. By leveraging our experience, you can confidently challenge the agency’s justification. Protecting your career and reputation is important, and having our professional guidance maximizes your chance of a favorable resolution.
Protect Your Career with a Strong Defense
Challenging a proposed removal action requires a strategic and thorough approach to protect your career and reputation. By emphasizing your contributions, refuting charges, and asserting affirmative defenses, you can build a compelling case. At Solomon Law Firm, we can guide you through every step of the process. Contact us today to discuss your case and take the first step toward securing your future.