1 0 obj When looking for an attorney make sure they have experience handling federal-sector employment cases. We need to specifically state why there is erosion of supervisory confidence. For instance, a law enforcement officer who is convicted of breaking laws may result in harsher penalties than, say, an employee who accidentally nods off while on a night shift. If employees have access to regulations surrounding an offense, managers have a stronger case for imposing discipline when those rules are broken. As a result, in defense cases our firm attempts to argue that the lack of clarity as to these rules warrants a reduction in a disciplinary penalty. Yes___ No____How well informed an employee was of the rule that was violated is a factor that may have to be considered in determining the penalty. The following relevant factors must be considered in determining the severity of the discipline: (1) The nature and seriousness of the offense, and its relation to the employee's . Federal government websites often end in .gov or .mil. Note. Heres what anyone who works for the federal government needs to know about the Douglas Factors. In cases of federal employee misconduct, each of these factors must be considered by those who are tasked with determining an appropriate penalty. The potential for an employees rehabilitation is an important Douglas factor for a federal employee, especially in cases of proposed removal. Relevant? Your absence was not approved by your supervisor. 49 0 obj <> endobj 10 Ward v. U.S. Many agencies have tables of penalties and offenses that list common offenses and their typical discipline ranges. Misconduct and Discipline | U.S. Department of the Interior If you are low level employee with no supervisory functions this factor should have some mitigating value. 64 0 obj <>/Filter/FlateDecode/ID[<3B0C3180ECE15C735B3288C81A6A54AE><030475FC020CB04DB606BDDC5C48A5E3>]/Index[49 24]/Info 48 0 R/Length 81/Prev 157377/Root 50 0 R/Size 73/Type/XRef/W[1 2 1]>>stream It is a widely accepted principle that the penalty must be appropriate to the offense and the minimum that will correct the behavior. The Douglas Factors . After waiting at least 30 days from the issuance of the proposal notice, a deciding official will issue a decision letter either sustaining the charges and penalty, or reducing the penalty. But do not highlight them either. Opinions expressed in this article are for informational purposes only and do not constitute legal advice. Visit WrightUSA.com to start your policy! But you know one of your colleagues has recently missed a deadline of similar importance and was only issued a letter of reprimand. Managers must also consider the scope of the misconduct in the context of an employees position and job duties. This Douglas factor is important and we use this argument in our representation of federal employees. Cir. @$0$6dd{8Q$AUzw43X!_>=+mi!d+iy+bn%'P Tj[Q9BoVbHBUL8c X>S[ bT@ `-' , 8Z7K2 (,B(AfZ Do not deny the existence of bad facts. This factor is one of the least significant of the Douglas Factors and is usually considered as aggravating. Generally, however, this Douglas factor is argued for the purposes of arguing for a less severe penalty. Sample: Your unauthorized absence(s) violates (Name of Agency) policy (Identify by name, number and date) specifically Section (Number) at Page (Number) which states: (Extract the language of the policy). With policies that cover up to $2,000,000 in liability coverage and up to $400,000 in administrative defense coverage, and a team of former Assistant US Attorneys and Federal Employees, Starr Wright USA will be your trusted advocate throughout the entire process. It is often the case that a federal employee has been charged with a violation of agency rules but has not been properly trained with respect to these rules or regulations. Factor 2: The employees job level and type of employment, including supervisory or fiduciary role, contacts with the public, and prominence of the position. %PDF-1.5 We generally find that it is important to actually make sure that a proposed disciplinary action or a sustained final penalty has been listed appropriately under the agencys table of penalties. WA These factors are the following: 1. See U.S. This factor is generally an afterthought for both management and employees. For instance, if an employee who works in finance is caught stealing, their supervisor may no longer trust them to handle money. 280, 305-06 (1981). On (DATE), your supervisor had to take time away from her duties to complete your (Specify) assigned project. When a federal employee faces discipline for misconduct, those determining the penalty must consider certain criteria known as the Douglas Factors. Just knowing the rules, however, cant fully protect you if a case should arise. More significant discipline is referred to as an adverse action, which entails suspensions of more than 14 days, reductions in grade or pay, furloughs of 30 days or less, or removals. Douglas factor issues vary significantly from case to case and federal employees should consult with an attorney who is knowledgeable about these issues prior to responding to a proposed disciplinary action or filing an appeal with the MSPB. When these expectations are not met as a result of an employee's misconduct, the reputation of the Agency may be tarnished. In some instances, you may want to request that management reconsider your case. what extent, the "Douglas" factors come into play or how egregious the act was. Reprimand Removal 14 days Removal Removal Alcohol and Drug Related 23. Your unauthorized absence cannot be tolerated because Agency supervisors, managers must be able to plan your work and rely on you to be available. 4 Archuleta v. Hopper, 786 F.3d 1340, 1352 (Fed. You may make arrangements for an oral reply by contacting (Deciding Official's Name) at (Deciding Official's Telephone). Sample: If you need assistance in dealing with any personal matters, the Employee Assistance Program (EAP) is available to provide confidential counseling services. Douglas Factors matters vary from case to case and federal employees should consult with an attorney. -Guide to discrimination law and the EEOC, -Federalemployee's guide discipline cases and the MSPB, -What every federal employee should know - The Douglas Factors. U.S. Department of the Interior, 1849 C Street NW, Washington, DC 20240. Your representative, if an agency employee, must contact his or her immediate supervisor to make advance arrangements for the use of official time. Specific evidence/testimony as to why an employee can no longer be trusted is critical. Consistency of the penalty with any applicable agency table of penalties; (8) The notoriety of the offense or its impact upon the reputation . 9 Ward v. U.S. Specification #2. PDF Douglas Factors * in deciding disciplinary punishment of federal - AELE We often use this Douglas factor to illustrate personality conflicts in issuing proposed discipline by the proposing official or harassment by others in the workplace which led to the proposed discipline against a federal employee. Any replies submitted will be given full consideration. Explanation, if relevant: (5) The effect of the offense upon the employee's ability to perform at a satisfactory level and its effect upon supervisors' confidence in the employee's ability to perform assigned duties. After you have this list it should become pretty clear to you which Douglas Factors you want to focus on with management. DOC Proposed Disciplinary/Adverse Action Worksheet - FedSmith.com That is why its important to use these factors to analyze the facts of each individualcasewhere the rubber hits the road. Fighting Title 31 Currency Seizures issued by CBP, New executive order on anti-dumping and countervailing duties, Roberts v. DHS A pro se challenge to the Global Entry Program, Q & A with a Merit Systems Protection Board Representative, Fighting a Failure to Declare Penalty (19 USC 1497) issued by CBP. The key to doing so is to fully argue the rationale behind this argument before the agency involved or the MSPB. Generally, the ranges of penalties are fairly broad (e.g., Letter of Reprimand to Proposed Removal). 11.Representation Paragraph(s): Sample: You have the right to be represented by an attorney or any other individual of your choice provided such representation does not constitute a conflict or an apparent conflict of interest with your representatives duties. PDF DOI Department Manual Table of Offenses and Penalties <>>> { v v _ lv lv lv Y Y S{ d lv lv lv 9w 9w 9w 9w d= BB 1 BB Proposed Disciplinary/Adverse Action Worksheet 1.DATE: (OF PROPOSAL MEMORANDUM) TO: (NAME), (POSITION) FROM: (NAME), (ORGANIZATIONAL TITLE) Must be signed by Proposing Official2.SUBJECT: Notice of Proposed (SUSPENSION OF (#) DAYS, CHANGE TO LOWER GRADE, REMOVAL)3.Paragraph Purpose of the Memorandum Sample: This is notice that I propose that you be (suspended for XX days, changed to lower grade, removed from your position and from Federal service) no earlier than 30 days from your receipt of this notice. Information provided is for educational purposes only, please consult with a licensed attorney before taking any action. Sample 2: You have the right to review the material relied on to support this proposed removal. Knowing what managers are looking for will aid your oral reply presentation, and could be what saves you your job with the federal government. 280 (1981), the following factors may influence the decision as to whether any formal disciplinary action should be imposed at all, or whether such action might be less severe (mitigating) or more severe (aggravating) than the typical range shown in the Table of Offenses and Penalties. This material will be made available for review to you and/or your designated representative by contacting the (NAME & PHONE of POC) to arrange a mutually convenient time. Postal Service v. Gregory, 534 U.S. 1, 5 (2001) (noting that the agency bears the burden of proving its charge by a preponderance of the evidence and that, [u]nder the Boards settled procedures, this requires proving not only that the misconduct actually occurred, but also that the penalty assessed was reasonable in relation to it); Lachance v. Devall, 178 F.3d 1246, 1256 (Fed. Therefore, you should anticipate factors the deciding official may focus on and structure your presentation accordingly. Under the sixth Factor, the workers should receive similar penalties, rather than one getting fired and one receiving a written warning. The notoriety of the offense or its impact upon the reputation of the agency; . (Use sample 1). 11700 Plaza America Drive The reason(s) for this action is (are) specified below. 3 0 obj Factor 4: The employees past work record, including length of service, performance on the job, ability to get along with fellow workers, and dependability. In the case of Douglas vs. Veterans Administration, 5 MSPR 280 (1981), the .