Federal employees are vital in ensuring our government operates effectively and fairly. With this responsibility comes high expectations for performance and conduct. When these expectations are not met, disciplinary actions can follow, often with serious consequences for your career. If you’re facing potential discipline, it’s important to remember that every charge must be supported by evidence and adhere to specific rules. Understanding your rights and the process can make a significant difference in addressing these challenges effectively.
Common Disciplinary Actions and Their Charges
Federal employees are held to high standards of behavior and performance. When these standards are not met, agencies may impose disciplinary actions for a variety of reasons. Below are some of the most common charges brought against federal employees:
- Misconduct: This encompasses allegations of inappropriate behavior such as insubordination, harassment, or workplace violence. Misconduct charges often stem from actions that violate workplace policies or disrupt the work environment.
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- Performance issues: When an employee allegedly fails to meet performance expectations or deadlines, agencies may take disciplinary action. Performance-based charges usually involve inadequate work quality or the inability to meet established goals.
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- Attendance violations: Federal employees are expected to maintain reliable attendance. Charges related to absenteeism, tardiness, or being AWOL (Absent Without Leave) can lead to significant disciplinary measures.
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- Failure to follow instructions: Disobeying lawful and reasonable directives from supervisors is a common charge. This includes situations where employees intentionally disregard instructions or fail to carry them out effectively.
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- Misuse of government property: This charge can involve inappropriate use of government computers, vehicles, or other resources for personal purposes.
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These charges can result in serious consequences, but every agency must meet specific requirements to support their claims, giving you the opportunity to respond and defend your case.
What Agencies Must Prove
When federal agencies bring disciplinary charges against an employee, they are required to meet specific standards of proof. Each charge has unique elements that the agency must establish to sustain the allegation. Broadly, an Agency must establish by preponderant evidence that:
- The specific behavior occurred, and in some cases, the behavior was intentional
- The action violated an agency policy or federal rule
- The disciplinary action “promotes the efficiency of the service”
- The penalty (removal, demotion, suspension) is reasonable
The Agency’s Burden of Proof: Failure to Follow Instructions
To sustain a charge of failure to follow instructions, agencies must demonstrate:
- A valid and lawful instruction was issued. The instruction must fall within the scope of the agency’s authority and be reasonable.
- The employee received and understood the instructions. Agencies often rely on written or verbal communication to establish this point.
- The employee failed to comply. Evidence such as witness testimony, emails, or other documentation may be used to prove noncompliance.
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The Agency’s Burden of Proof: Failure to Perform
Agencies must prove that:
- Clear performance standards were in place
- The employee was informed of these standards
- The employee failed to meet the established expectations despite reasonable opportunities to improve
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The Agency’s Burden of Proof: Attendance Violations
To sustain charges like AWOL or excessive absenteeism, agencies need to demonstrate:
- The absences were unauthorized
- The employee failed to follow leave procedures or requests for leave we properly denied
Practice Note: The most common fact pattern involves instances in which there are disputes regarding leave as it relates to employees with disabilities, serious medical conditions, or those requiring reasonable accommodation. Therefore, affirmative defenses of disability discrimination are commonly asserted by federal employees.
The Agency’s Burden of Proof: Misuse of Government Property
Agencies must prove that the employee misused government resources and that such misuse violated specific rules or policies.
Understanding these requirements can help you identify gaps in the agency’s case and prepare a strong defense.
How We Can Help You Respond to Charges
At Solomon Law Firm, we understand how overwhelming it can be to face disciplinary charges as a federal employee. We help you craft a thorough and well-supported defense by examining the evidence, identifying weaknesses in the agency’s case, and ensuring your rights are protected throughout the process. Whether it’s responding to allegations of misconduct, performance issues, or attendance violations, we focus on presenting your side effectively and fairly. Our approach includes gathering relevant documentation, preparing strong responses, and advocating for you during hearings to secure the best possible outcome for your federal career.
Protect Your Federal Career
Facing disciplinary charges can feel overwhelming, but you don’t have to go through it alone. Understanding your rights and taking action quickly can make a difference. Contact Solomon Law Firm today to discuss your case and learn how we can help protect your career and future.