Why Federal Employees Should Hire a Lawyer Immediately After Receiving Proposed Discipline

In the federal workplace, receiving a Notice of Proposed Discipline can be a career-defining—and career-threatening—moment. Whether the proposed action is a suspension, demotion, or removal, this is not the time to go it alone. The response to a proposed disciplinary action is often the first and best opportunity to shape the outcome of your case. Yet too many federal employees underestimate the importance of this step or believe they can manage it without professional guidance. Based on recent cases handled by our office, the difference between early legal representation and a do-it-yourself approach can be the difference between saving your career and losing it.

Case 1: From Serious Charges to Mitigated Discipline

One of our recent clients received a proposed suspension that included 21 specifications for failure to follow agency policy—specifically, timekeeping discrepancies—and even more serious, 17 specifications for Lack of Candor. In federal employment law, a charge of Lack of Candor is grave; it suggests dishonesty and can justify removal, even for first-time offenses.

Fortunately, this employee contacted our office as soon as she received the notice. We were able to craft a detailed written response on her behalf, carefully addressing each charge and emphasizing key Douglas Factors that weighed heavily in her favor: a solid performance history, no prior discipline, and a credible explanation of her time entries that pointed to miscommunication rather than deceit.

At one point, the client wanted to include explanations in her response that, while understandable, would have unintentionally bolstered the Agency’s case against her. Because she had legal counsel, we were able to steer the response in a direction that protected her interests, reduced the severity of the penalty, and helped preserve her reputation.

Case 2: A Cautionary Tale—The Risk of Self-Representation

In stark contrast, another federal employee with 32 years of service came to us for a consultation after he had already responded to a Proposed Removal on his own. He was facing serious allegations of sexual harassment and fostering a hostile work environment. Instead of retaining counsel to prepare a strategic, tightly reasoned written response, he chose to represent himself during an oral reply.

During that oral reply, he admitted that some of his interactions with female coworkers may have crossed professional boundaries. Worse, he stated that he told employees who were uncomfortable to “quit and look for another job.” These admissions, however unintentional, most likely sealed the fate of his federal career. Unfortunately, by the time he came to us, the damage had been done—and there was no effective way to walk back the admissions he had made.

Had he retained our firm from the outset, we could have helped him craft a written response that addressed the allegations thoughtfully, provided mitigating context, and avoided harmful statements. The end of his 32-year federal career may have been preventable.

The Stakes Are Higher Than Ever

Under the current administration, the landscape has become even more precarious for federal employees. The Merit Systems Protection Board (MSPB) now includes several judges with a vision aligned with reducing the size of the federal workforce. This reality means that when your case reaches the MSPB—particularly if it involves removal—the deck may already be stacked against you. The best chance to avoid termination is early in the process, at the proposal stage, before matters escalate to the Board.

Your Response Matters—Let a Professional Write It

Federal agencies must consider your response to proposed discipline before issuing a final decision. This response is a critical opportunity to shape how your side of the story is perceived. It’s not just about denying allegations—it’s about framing the facts, asserting your rights, and highlighting the legal and equitable factors that support leniency or exoneration.

Even highly intelligent and experienced federal employees often don’t know how to present a compelling legal argument that navigates the intricacies of agency policy, personnel regulations, and precedent decisions.

Don’t Wait. Call Us.

If you receive a proposed disciplinary action, the clock is ticking. Don’t risk your career by responding without experienced legal counsel. Our firm has successfully helped federal employees across a wide range of agencies respond to proposed suspensions, demotions, and removals—with favorable results.

Let us help you protect what you’ve worked so hard to build. Call us today for a confidential consultation.