Adverse Actions

Most Federal agencies are authorized under Chapter 75 of Title 5 to suspend, demote, furlough, or remove employees for "such cause as will promote the efficiency of the service."

Such actions are called Adverse Actions and are based upon misconduct, unacceptable performance, or a combination of both. They may also be based upon non-disciplinary reasons such as medical inability to perform or furlough.

When a Federal employee has done something or failed to do something which adversely affects his/her work or the agency mission, a supervisor us decide whether the incident involves the employee's poor job performance or an act of misconduct or delinquency.

There are many reasons and defenses to an employee's performance and or conduct for example illness, disability, drug and alcohol addiction, personality conflict or even lack of training. Sometimes it will be appropriate for a manager to refer an employee to the employee assistance program for substance abuse counseling or for a fitness for duty medical exam to determine physical or mental capacity to do the job. If it is misconduct or delinquency, such as failure to request leave, awol, theft or insubordination your manager can take disciplinary action such as admonishment and reprimand or to the most severe penalty such as suspension and removal.

If you are a Federal employee facing an adverse action, contact an experienced federal employment attorney at Tully Rinckey at 202-787-1900. Greg Rinckey is a knowledgeable attorney in this area and writes a weekly column for the "Federal Times" entitled ask the lawyer. Don't take a chance with you Federal career call for a consult with Greg Rinckey.

Tully Rinckey PLLC
Attorneys & Counselors at Law
1800 K STREET NW SUITE 1110, WASHINGTON, DC 20006. PHONE: (202) 787-1900
441 NEW KARNER ROAD, ALBANY, NY 12205. PHONE: (518) 218-7100 FAX: (518) 218-0496

® © 2008 Tully Rinckey PLLC