What Do Federal Employees Need to Know About Receiving a Notice of Proposed Removal?

If you have received a Notice of Proposed Removal, your job with the federal government is at risk. Fighting to protect your job starts with understanding why it is at risk, and your next steps will depend on the specific circumstances. To make sound decisions, hire an experienced Maryland federal employment lawyer promptly.

While federal employees are entitled to job-related protections that are not afforded to employees in the private sector, it is still possible to lose your job with the federal government. In fact, every year numerous federal employees find themselves needing to fight to protect their employment.

If you need to fight to protect your employment, consult a Maryland federal employment lawyer right away.

For federal employees, the termination process typically begins with a Notice of Proposed Removal. If you have received a Notice of Proposed Removal, your federal agency has formally initiated the process to terminate your job. But at this stage, you still have your job—and you may still have multiple options to fight to protect it.

What Do I Need to Know if I Received a Notice of Proposed Removal?

So, you received a Notice of Proposed Removal from your federal agency. What do you need to know? Here are five important facts to keep in mind as you chart your next steps:

1. You Have 30 Days to Respond

Once you receive a Notice of Proposed Removal, you have 30 days to respond. If you do not respond within 30 days, your federal agency can fire you without taking any additional action. Because it takes time to investigate and build a response, you will want to start promptly.

2. Your Federal Agency Must Have Grounds for Removal

Once you are past the probationary period of your employment, your federal agency must have grounds to remove you. Specifically, your job must be at risk due to either:

• Inadequate performance, or
• Misconduct.

Federal law subjects both grounds for removal to strict standards. If you have met your obligations as a federal employee, your job with the federal government should not be at risk.

3. Your Federal Agency Must Not Have an Ulterior Motive

Even if you have performed inadequately or engaged in misconduct that warrants removal from the federal workforce, this must truly be the basis for your Notice of Proposed Removal. If your federal agency has an ulterior motive (i.e., it is discriminating against you), it cannot use your poor performance or misconduct as a pretext to wrongfully terminate your employment.

4. You Are Entitled to Gather Evidence and Present Evidence of Mitigating Factors

When you receive a Notice of Proposed Removal, you have the right to learn what evidence your federal agency is using to justify your termination. You also have the right to present evidence of any mitigating factors that make removal unwarranted.

5. It Is Up to You to Establish that Removal is Improper

If your federal job is at risk, you must establish that removal is improper. The unfortunate reality is that many federal employees wrongfully lose their jobs when their jobs should not be at risk.  

If you hire an experienced Maryland federal employment lawyer, your lawyer can evaluate all potential grounds for maintaining your employment and help you make informed decisions about how to proceed. Your lawyer can also respond to your Notice of Proposed Removal on your behalf and, if necessary, appeal your termination through the appropriate means.

FAQs: Facing Removal from the Federal Workforce

What do I need to do to protect my job if I received a Notice of Proposed Removal?

If you have received a Notice of Proposed Removal, you must respond to your notice through the appropriate means; and, in doing so, you must demonstrate that termination of your employment is unwarranted. What this entails will depend on your position within the federal government, the stated reason for your proposed removal, and the other circumstances of your case. A Maryland federal employment lawyer at our firm can explain what you need to know based on the circumstances.

Do I have a realistic chance of protecting my job if I received a Notice of Proposed Removal?

While the answer depends on your individual circumstances, in general, the answer is “Yes.” Federal agencies and departments have established procedures for challenging Notices of Proposed Removal, and federal employees are entitled to gather the evidence they need to determine whether the reason for their proposed removal is unlawful.  

What if I challenge my Notice of Proposed Removal and I still get fired?

If you challenge your Notice of Proposed Removal and you still get fired, the next step will most likely be to file an appeal with the Merit Systems Protection Board (MSPB)—provided that you have grounds to do so. You will want to consult with an experienced lawyer promptly in this scenario as well.

How We Can Help

We have extensive experience representing federal employees during the proposed removal process. We also have extensive experience representing federal employees in MSPB appeals and other employment-related matters. If your federal job is at risk, we can help you fight to protect it by every available means. But the clock is ticking, so we strongly encourage you to contact us right away.

Schedule a Confidential Consultation with an Experienced Maryland Federal Employment Lawyer

To discuss your options with an experienced Maryland federal employment lawyer at The Law Firm of J.W. Stafford, L.L.C., contact us today. Call us at 410-514-6099 or tell us how we can reach you online to schedule a confidential consultation as soon as possible.