When Can “Improper Conduct” Lead to Termination of Your Federal Employment?
As a relatively new federal employee, you face employment-related risks not faced by career civil servants. During your probationary period, you can lose your job for a variety of reasons—including if you are found to have engaged in “improper conduct.” What does it mean to engage in improper conduct? An experienced Florida federal discrimination attorney explains:
What is Considered “Improper Conduct” for Federal Employees?
In the context of probationary federal employment, improper conduct can take several different forms. The Merit Systems Protection Board (MSPB) describes improper conduct as a “broad label” and notes that it “has no specific elements of proof.”
Federal employees can be terminated for improper conduct both on and off the job during their probationary period, though off-duty misconduct requires additional proof. To justify termination of federal employment, off-duty misconduct must either:
- Be so “egregious” that it creates a presumption of a connection with the agency;
- Adversely affect the employee’s job performance or the agency’s “trust and confidence” in the employee’s job performance; or,
- Interfere with or adversely affect the agency’s mission.
Off-duty misconduct cases often involve criminal conduct. The MSPB gives child sexual abuse and videotaping sexual encounters without consent as examples. But, conduct such as misusing government property for personal purposes can justify termination in off-duty misconduct cases as well, and if you are facing any allegations that are threatening your federal employment, it is imperative that you seek advice from an experienced Florida federal discrimination attorney promptly.
What about on-duty misconduct? In these cases, no proof of the additional factors listed above is required. Examples of improper conduct on the job include:
Absence Without Official Leave (AWOL)
Being absent from your job without official leave can justify the termination of your federal employment. As the Office of Personnel Management (OPM) explains, there are three aspects to proving absence without official leave (AWOL): (i) the employee was absent from their assigned place of duty; (ii) the employee’s absence was not authorized; and/or, (iii) the employee’s request for leave was properly denied.
Engaging in Criminal Activity
Just as off-duty criminal activity can justify termination of your federal employment during your probationary period, engaging in criminal activity on the job can justify termination as well. Depending on the circumstances, this can potentially include everything from using illegal drugs or driving under the influence on the job to stealing government property.
Engaging in Other Prohibited Conduct
A federal employee’s conduct does not necessarily have to be criminal to be classified as “improper.” Other forms of prohibited conduct, such as harassing or discriminating against coworkers, can potentially justify termination as well.
Failure to Follow Instructions
Federal employees who are on probation can also face proposed removal for failing to follow instructions from their superiors. However, there is one major exception: Federal employees cannot lose their jobs for refusing to follow instructions to engage in prohibited conduct.
Falsification or Lack of Candor
Falsification of information during the job application process or post-hiring can warrant termination for probationary federal employees. For federal employment purposes, falsification is defined as, “knowingly providing wrong information with the intention of defrauding, deceiving, or misleading [an] agency.” Probationary federal employees can also face removal for lack of candor, which involves providing inaccurate, incomplete or misleading information in connection with one’s federal employment.
Insubordination
Insubordination can trigger removal for probationary federal employees as well. The OBM defines insubordination as, “willful and intentional refusal to obey an authorized order of a superior officer which the officer is entitled to have obeyed.”
Misuse of Government Property
Misusing government property—whether on or off duty—can justify removal from the federal workforce. This includes everything from using government vehicles or equipment without authorization to misusing taxpayer funds. In some cases, misusing government property can have other consequences as well (including criminal prosecution), so having experienced legal representation is essential.
How Can You Defend Against Accusations of Improper Conduct?
While improper conduct can take many different forms, there are also many potential defenses to accusations of improper conduct in the federal employment sector. When you consult with an experienced Florida federal discrimination attorney, your attorney will be able to help you evaluate all potential defenses and determine your best option for seeking to avoid unnecessary consequences. Some examples of potential defenses include:
- You Were Targeted on a Discriminatory Basis – Federal agencies cannot target employees on a discriminatory basis. Even if you engaged in improper conduct, if your proposed removal is discriminatory, you can—and should—hire a Florida federal discrimination attorney to help you fight back.
- The Government Cannot Prove “Egregiousness” or a “Lack of Trust and Confidence” – In cases involving allegations of off-duty misconduct, challenging the government’s ability to prove “egregiousness” or a “lack of trust and confidence” can be an effective defense strategy in many cases. With that said, federal employees must be careful to avoid inadvertently admitting that they engaged in misconduct when relying on these types of defenses.
- You Were Asked to Engage in Prohibited Conduct – You should not be at risk of losing your federal job if you refused to follow instructions or orders to engage in prohibited conduct. All federal employees have a duty to uphold the law, and those who choose to do the right thing deserve a place in the federal government.
Again, these are just examples. There are many other potential defenses to removal based on alleged improper conduct as well. If you are facing removal from the federal workforce, you will want to discuss all of your options with an experienced Florida federal discrimination attorney as soon as possible.
Request a Confidential Consultation with a Florida Federal Discrimination Attorney
Do you need to know more about defending against accusations of improper conduct as a federal employee? If so, we encourage you to contact us promptly. To discuss your situation with an experienced Florida federal discrimination attorney in confidence, please call 410-514-6099 or tell us how we can reach you online today.