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If you are a federal employee and you have received a Notice of Proposed Removal, this means that your federal employer has initiated the process to terminate your employment. This goes without saying: it is a very serious matter, and you need to treat it accordingly. You need to ensure that you are making informed decisions with your long-term best interests in mind, and you will want to rely on the advice and representation of an experienced Maryland federal employment lawyer throughout the process.
5 Key Rights for Federal Employees Facing Removal
Federal employees facing removal have clear legal rights, and knowing these rights is the first step toward making informed decisions. With this in mind, here is an introduction to federal employees’ rights before, during, and after the removal process:
1. You Have the Right to Know Why You Are Facing Removal
If your federal job is at risk, you have the right to know why. Generally speaking, non-probationary federal employees can only face removal for one of two reasons:
- Poor Performance – Federal employees can face removal if they fail to adequately fulfill their job responsibilities.
- Misconduct – Federal employees can also face removal if they are accused of making misrepresentations, misappropriating federal assets, or engaging in other forms of misconduct.
While your Notice of Proposed Removal should state the reason why your department, office, or agency is pursuing removal, it may or may not provide all of the details you need. If you need additional details to understand why you are facing removal—and to defend against removal—you are entitled to obtain all necessary additional information from your federal employer. Once you hire an experienced Maryland federal employment lawyer to represent you, your lawyer will be able to seek to obtain this information on your behalf.
2. You Have the Right to Dispute the Grounds for Your Removal
Regardless of why your federal job is at risk, you have the right to dispute the grounds for your removal. Some examples of potential grounds to dispute a proposed removal from the federal workforce include:
- Your performance was satisfactory (or if dissatisfactory, it was not sufficiently dissatisfactory to warrant removal)
- You received an unwarranted negative performance review
- You complied with the terms of your personal improvement plan (PIP)
- You did not engage in the alleged misconduct
- Your misconduct was not sufficiently severe to warrant removal
Federal employees can also fight against removal by demonstrating that their proposed removal constitutes a prohibited personnel practice (PPP) or a violation of the federal Merit System Principles (MSPs). For example, if you are facing removal based on your political beliefs or protected political activities or speech, this could provide clear grounds to fight your proposed termination.
Defending against your proposed removal could also involve asserting allegations of discrimination. Just like private-sector employers, federal employers are prohibited from taking adverse employment action based on employees’ protected characteristics. If you are facing removal because of your age, disability, ethnicity, race, religion, sex, or any other protected characteristic, not only may you be entitled to keep your job, but you may be entitled to other remedies as well.
3. You Have the Right to Participate in the Proposed Removal Process
When you are facing removal from the federal workforce, you have the right to participate in the proposed removal process. Among other things, this means that you have the right to respond to your Notice of Proposed Removal, and you have the right to have your department, office, or agency take your response seriously. If your federal employer ignores your response (or does not provide you with an adequate opportunity to respond), not only is this a major red flag, but this can provide additional grounds to dispute your removal—and possibly file a claim for wrongful termination—as well.
4. You Have the Right to Legal Representation During the Proposed Removal Process
You have the right to legal representation during the proposed removal process, and, due to the complexity of the process and its potential consequences, it is important to have an experienced Maryland federal employment lawyer on your side. Once you hire a lawyer to represent you, your lawyer will be able to:
- Evaluate the stated grounds for your proposed removal
- Investigate to determine if there is an ulterior motive for your proposed removal
- Determine if you have grounds to assert a claim for a PPP or MSP violation or discrimination
- Gather all relevant evidence and prepare your response to your Notice of Proposed Removal
- Represent you in all removal-related communications with your department, office, or agency
Your lawyer will also be able to advise you throughout the process. As we said above, it is critical to ensure that you are making informed decisions, and this means relying on the advice of an experienced lawyer who has your best interests in mind.
5. You Have the Right to Appeal Your Removal if Necessary
If you are removed from the federal workforce, you have the right to file an appeal. Sometimes, despite federal employees’ best efforts to protect their jobs, this will prove to be a necessary step in the process. What is involved in filing an appeal will depend on your (former) federal employment status, the reason for your removal, and other factors. Here too, your Maryland federal employment lawyer can help ensure that you are taking all necessary steps to protect your legal rights.
Discuss Your Notice of Proposed Removal with an Experienced Maryland Federal Employment Lawyer
If you have received a Notice of Proposed Removal from your federal department, office, or agency, we encourage you to contact us promptly for more information. Our lawyers have extensive experience representing federal employees during the proposed removal process, and we can help protect your legal rights by all means available. To speak with an experienced Maryland federal employment lawyer in confidence as soon as possible, please call 410-514-6099 or tell us how we can get in touch online now.