At Tully Rinckey our attorneys understand that, when a federal employee is under investigation, their pay, grade, reputation, career, and sometimes even their freedom may be at risk. We understand the stress you are under and will work hard to zealously defend your interests and fight to protect your rights. If you are a federal employee facing a misconduct investigation or disciplinary action, contact us at 202-787-1900 to set up a consultation with an experienced federal attorney.

Areas of Practice:

The disciplinary cases that Tully Rinckey handles include:

• Charges of employee misconduct
• AWOL
• Workplace violence
• Falsification
• Sexual harassment
• Discrimination
• Misuse of funds
• Poor performance
• Security violations
• Conduct unbecoming a Federal Employee 
• Prohibited personnel practices

Legal Representation

Tully Rinckey represents clients during every step of the disciplinary action process. During the initial stages, our attorneys can represent you in replying to proposed disciplinary or adverse actions, including the presentation of your oral and written replies to the agency’s deciding official. We also represent federal employees in resulting MSPB appeals, EEO or whistleblower retaliation complaints, or grievances.

You may retain our firm at any stage of the process. However, the sooner you retain qualified legal counsel, the better your chances for a favorable outcome.

Disciplinary Process

Usually, when there are misconduct allegations lodged against a federal employee, that employee is placed under investigation by their employing federal agency. Once the investigation is complete, the government decides whether to criminally prosecute or otherwise administratively discipline the employee. If the government decides to administratively discipline the employee, the agency will usually issue a written proposed disciplinary or adverse action notice.

Non-probationary federal employees have a Constitutionally and Statutorily protected property interest in their continued federal employment. Consequently, the federal government cannot take a federal employee's job or pay away without due process of law. This means they are entitled to notice of the reasons for the proposed discipline and an opportunity to respond before they face discipline. Additionally, federal employees have various avenues for appealing any resulting disciplinary or adverse action.

Once the employee receives a proposed disciplinary action, they usually have the right to review the evidence relied upon by the agency to propose the discipline and to respond orally and in writing to the charges of misconduct and the penalty proposed by the agency. After considering the employee’s replies, the agency will issue a written decision sustaining, withdrawing, or mitigating the proposed action.

If the disciplinary action results in a removal, demotion, or suspension for more than Fifteen (15) days, the employee usually has the right to appeal to the Merit System Protection Board (MSPB). He or she has the right to a full hearing on the merits of the disciplinary action before an administrative judge at MSPB, including the right to discovery. If unsuccessful at that hearing, a federal employee may petition the full MSPB Board in Washington, D.C. for a review of the judge’s initial decision. An employee may appeal an adverse final MSPB decision to the United States Court of Appeals for the Federal Circuit, also in Washington, D.C. The entire appeals process may take several years.

If successful, the employee may be entitled to have the disciplinary action reversed or mitigated with full back pay, benefits, interest, and the reimbursement of reasonable attorney’s fees. Damages may also be awarded in cases of proven discrimination or whistleblower reprisal. If you are under investigation of facing disciplinary action contact one of our attorney's at 202-787-1900 to schedule a consultation, we are available on weekends and nights.