What Are My Rights if I Received a Notice of Proposed Suspension?

Federal employees who are facing suspension have clear legal rights. If you have received a Notice of Proposed Suspension, it will be important to ensure that you know your legal rights and what you need to do to protect them. Here are some key insights from Maryland federal employment attorney Jay Stafford and his team.

What Are Your Legal Rights When Facing Suspension as a Federal Employee?

Employees of the federal government are entitled to protections not afforded to employees in the private sector. This includes protections that apply when federal employees are facing suspension. If you are facing suspension, some of your key legal rights include:

• The Right to Advance Notice of Your Proposed Suspension – Federal employees are entitled to advance notice of proposed suspensions. The amount of advance notice you are entitled to receive depends on whether your proposed suspension is for more or fewer than 14 days. If you are facing a suspension of less than 14 days, you are entitled to at least 24 hours’ advance notice. If you are facing a suspension of more than 14 days, you are entitled to at least seven days’ advance notice.
• The Right to Respond to Your Notice of Proposed Suspension – The requirement to provide advance notice ensures that federal employees who are facing suspension have the opportunity to respond. Federal employers can only suspend their employees for the reasons authorized under federal law, and if you are facing suspension, you have the right to dispute the government’s purported basis for seeking to suspend your employment. With that said, you must submit your response within the relevant time window, and you must be able to articulate why your proposed suspension is unwarranted.
• The Right Not to Be Suspended for an Invalid or Unlawful Reason – While there are valid reasons for suspending federal workers’ employment, federal workers can (and do) face suspensions for invalid and unlawful reasons. If the reason for your proposed suspension is invalid or unlawful (i.e., if you are being wrongfully accused of poor performance or your proposed suspension violates a prohibited personnel practice (PPP)), you do not deserve to face any employment-related consequences.
• The Right to Obtain Additional Information if Necessary – If it is not clear why you are facing suspension—or if you believe that you are facing suspension in violation of federal law—you have the right to obtain the additional information you need to fully assess your legal rights. However, this is often easier said than done. Once you hire a Maryland federal employment attorney to represent you, your attorney will be able to communicate with the government on your behalf and seek to secure the additional information you are entitled to receive.
• The Right to Legal Representation During the Proposed Suspension Process – To help protect your legal rights, you have the right to legal representation during the proposed suspension process. From investigating the reason for your proposed suspension to exposing discrimination and other unlawful employment practices, there are several ways an experienced Maryland federal employment attorney may be able to help you in this scenario.

While these are not the only legal rights you have when you are facing suspension as a federal employee, they are among the most important. An experienced Maryland federal employment attorney will be able to fully explain your legal rights based on your specific circumstances, and then your attorney will be able to help you make informed decisions about how to handle your situation in light of the circumstances at hand.

How Can (and Should) You Protect Your Legal Rights When Facing Suspension?

When you are facing suspension as a federal employee, there are several steps that you can (and should) take to protect your legal rights. These steps include (but are not limited to):

1. Take Action Promptly

Once you receive a Notice of Proposed Suspension, you need to take action promptly. The clock is ticking, and, at this stage, it is up to you to do what is necessary to protect yourself. This starts with hiring an experienced Maryland federal employment attorney to help you.

2. Determine if Your Proposed Suspension is Lawful

After hiring an attorney, you should work with your attorney to determine if your proposed suspension is lawful. Some examples of reasons why your proposed suspension might not be lawful include:

• Discrimination based on a protected characteristic under Title VII or another federal anti-discrimination law
• Insufficient grounds for suspension of your employment under federal law
• Violation of a Merit System Principle (MSP)
• Violation of a prohibited personnel practice (PPP)
• Violation of your right to due process (i.e., your right to advance notice)

If you have any of these (or any other) grounds to challenge your proposed suspension, your attorney will be able to help you navigate the process of fighting to protect your federal employment.

3. Make Informed Decisions About Your Next Steps

Regardless of the circumstances at hand, you need to make informed decisions about your next steps. Along with explaining your legal rights, your attorney will also be able to provide the advice you need to make informed decisions, and then your attorney will be able to pursue the appropriate next steps on your behalf.

What if You Are Wrongfully Suspended By Your Federal Department, Office, or Agency?

Even if you take the necessary steps to challenge your proposed suspension, there is no guarantee that your efforts will be successful. This is an unfortunate reality of the situation. If you are wrongfully suspended from your federal employment, you will have clear legal rights in this scenario as well—and, here too, you can (and should) rely on the advice of an attorney who has specific experience representing federal employees who are facing wrongful adverse employment actions.

Request a Confidential Consultation with Maryland Federal Employment Attorney Jay Stafford

Have you received a Notice of Proposed Suspension? If so, we encourage you to contact us right away. To request a confidential consultation with Maryland federal employment attorney Jay Stafford, please call 410-514-6099 or contact us confidentially online today.