Reply to Proposal for termination from a federal agency

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[quote=Anonymous]They must really have it out for him if they went back to 2022. I'm curious how it came up. Your husband has been given a proposed "adverse action." You need to read about the process: https://www.mspb.gov/studies/adverse_action_report/3_AdverseActionProcess_flowchart.htm

The agency will provide him with a written case that lays out the allegations and evidence. The case will be written in such a way to address [url=https://www.opm.gov/policy-data-oversight/employee-relations/reference-materials/douglas-factors.pdf]the twelve Douglas Factors[/url]. The case is written by one member of the management team for the "deciding official" to make a determination - usually a division director or deputy director. To jump straight to termination recommendation is very serious. They are not even recommending suspension without pay, which means they think they have a very solid case.

I suspect your husband has been placed on administrative leave and is not going into the office. He's also likely locked out of email and federal systems (like timesheet/payroll), which makes it more difficult to mount a defense and collect evidence. You also need to realize that your husband may not be telling you the whole truth; he's putting the best possible spin on it.

Your husband will have 10-15 business days to review the case and consult with counsel. Then the agency's "deciding official" will hold a hearing with your husband, his counsel (if any) and the officials who proposed termination. Your husband can introduce evidence, request access to evidence, explain why this may be a mistake/misunderstanding, argue that the management officials have not met the Douglas Factors, and/or argue why termination is not appropriate (instead of suspension and restitution). If the deciding official deems termination to be the proper course of action, then it's official and your husband would need to appeal to Merit System Protection Board. However, once a case goes to the MSPB it becomes a public record and your husband's name will be on the Internet.
 
Often an agency will offer to allow a person to resign subject to a settlement agreement prior to going before the deciding official. This avoids a termination on his SF-50, which will help ensure future employment prospects with both the federal government and private sector. Of course, your husband gives up the right to sue the agency. If he decides to go the route of settlement and resignation, he should get absolute clarity from HR on how his SF-50 will be coded for his resignation. Highly recommend reading up on Clean Record Settlement Agreements: https://www.mspb.gov/studies/studies/Clean_Record_Settlement_Agreements_and_the_Law_938820.pdf

In addition to contacting a lawyer, I can also recommend these folks who often serve as expert witnesses hired by employment lawyers: https://informedfed.com/

Good luck with your case. I know this is all stressful and probably not what you want to hear. [/quote]

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