Adverse Actions

Adverse Actions

Adverse Actions

The majority of Federal employees have a constitutionally recognized property right in their continued employment with the Federal Government. See generally Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (1985); Board of Regents v. Roth, 408 U.S. 564 (1972). Specifically, many of the applicable federal statutory employment schemes plainly create property interests in continued employment. See generally 5 U.S.C. § 7513(a); 38 U.S.C. § 7461. When a Federal employee has a constitutionally recognized property right in their continued employment, the Federal Government cannot deprive him or her of this property without due process. See Loudermill, 470 U.S. at 538. “A tenured employee is entitled to oral or written notice of the charges against him, an explanation of the employer’s evidence, and an opportunity to present his side of the story. . .”  Loudermill, 470 U.S. at 546.

How we can help:

  • Initial consultation in evaluating the agency’s proposal and your responses to proposed adverse actions;
  • Written responses to proposed adverse actions;
  • Representation at oral replies to proposed adverse actions; and,
  • Appeals of adverse decisions, i.e., effectuated adverse actions, to the U.S. Merit Systems Protection Board (MSPB) or other applicable adjudicative agencies (e.g., the Foreign Service Grievance Board; the U.S. Department of Veterans Affairs, Disciplinary Appeals Board; the Transportation Security Administration, Disciplinary Review Board; the Government Accountability Office, Personnel Appeals Board; et al.)