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If you are facing discipline as a federal employee, you have two primary options for protecting yourself. You can either: (i) fight to avoid discipline altogether; or (ii) focus on mitigating the consequences of your transgression. If avoiding discipline altogether is unlikely under the circumstances, then focusing on mitigating the consequences may be your best option. In this scenario, you will need to work closely with your Maryland federal employment lawyer to favorably apply the “Douglas Factors” to the circumstances of your case.
The Douglas Factors are a set of criteria that federal agencies are required to consider when taking disciplinary action against their employees. In the words of the Office of Personnel Management (OPM), they are “nonexclusive criteria that supervisors must consider in determining an appropriate penalty to impose for an act of employee misconduct.”
The 12 Douglas Factors for Determining Federal Employee Discipline
There are 12 Douglas Factors, and federal agencies must consider all 12 factors—among any other relevant criteria—when deciding what disciplinary action is warranted. The Douglas Factors are:
- “The nature and seriousness of the offense, . . . including whether the offense was intentional or technical or inadvertent, or was committed maliciously or for gain, or was frequently repeated;
- “The employee’s job level and type of employment, including supervisory or fiduciary role, contacts with the public, and prominence of the position;
- “The employee’s past disciplinary record;
- “The employee’s past work record, including length of service, performance on the job, ability to get along with fellow workers, and dependability;
- “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;
- “Consistency of the penalty with those imposed upon other employees for the same or similar offenses;
- “Consistency of the penalty with any applicable agency table of penalties;
- “The notoriety of the offense or its impact upon the reputation of the agency;
- “The clarity with which the employee was on notice of any rules that were violated in committing the offense, or had been warned about the conduct in question;
- “Potential for the employee’s rehabilitation;
- “Mitigating circumstances surrounding the offense, such as unusual job tensions… or bad faith, malice, or provocation on the part of others involved in the matter; and
- “The adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others.”
As you can see, the Douglas Factors address a wide range of considerations, and, when considered together, they are designed to ensure that the discipline imposed for a federal employee’s misconduct is both reasonable and appropriate under the circumstances at hand. However, it is up to federal employees who are facing discipline to ensure that the Douglas Factors are applied appropriately—and this requires an informed, proactive, and strategic approach during the disciplinary process.
Using the Douglas Factors to Mitigate Disciplinary Action as a Federal Employee
With this in mind, if you are facing discipline as a federal employee and avoiding disciplinary action is not a viable outcome under the circumstances at hand, how can—and should—you use the Douglas Factors to protect yourself? Here are some key considerations:
1. Don’t Overlook or Ignore Any Unfavorable Douglas Factors
Your agency will be considering all of the Douglas Factors, and this means that you need to consider all of the Douglas Factors as well. You should not overlook or ignore any unfavorable Douglas Factors—because your agency will not be overlooking or ignoring them, either.
If any of the Douglas Factors are particularly unfavorable under the circumstances of your disciplinary case, the best approach is to address these factors head-on. Determine what they mean for the potential outcomes of your case, and then work with your lawyer to ensure that you are prepared to address them as effectively as possible.
2. Focus on the Douglas Factors that Are Most Relevant to Your Case
Whether positive or negative, you should focus your efforts on the Douglas Factors that are most relevant to your case. If any of the factors are particularly favorable (i.e., if you have an extensive length of service and no prior disciplinary record), make sure you are prepared to emphasize these factors during your defense. By focusing on the factors that are most relevant to your case, you can make sure your efforts are maximally effective, and you can help steer your disciplinary case toward a fair result.
3. Target a Reasonable Outcome Based on the Circumstances at Hand
When you are focusing on mitigating the consequences of your disciplinary action rather than avoiding discipline altogether, it is important to have a specific (and reasonable) outcome in mind. Your Maryland federal employment lawyer can assist here as well. By targeting an outcome that is reasonable under the circumstances at hand—and by building your defense strategy around securing this outcome—you can exert control over the process and mitigate your risk of facing unexpected (and unnecessarily harsh) disciplinary action.
4. Collect Documentation You Can Use to Support Your Targeted Outcome
Supporting documentation will be essential for securing a favorable result. You should not assume that your agency will present all relevant documentation during the disciplinary process. Instead, you should work with your Maryland federal employment lawyer to ensure that you have the documentation you need to demonstrate why the Douglas Factors favor your targeted outcome.
5. Hire a Maryland Federal Employment Lawyer Early in the Disciplinary Process
If you are facing disciplinary action as a federal employee, it is advisable not to attempt to handle the process on your own. The process is too unpredictable, and you have too much at stake. Instead, you should hire an experienced Maryland federal employment lawyer early in the process. This will give your lawyer the best possible opportunity to represent you effectively, and it will allow you to work with your lawyer throughout the process to make informed decisions and avoid costly mistakes.
Discuss Your Disciplinary Case with an Experienced Maryland Federal Employment Lawyer in Confidence
Are you facing disciplinary action as a federal employee in Maryland? If so, we encourage you to contact us promptly for more information. To discuss your case with an experienced Maryland federal employment lawyer in confidence as soon as possible, call us at 410-514-6099 or tell us how we can get in touch online now.