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frankieval  
#1 Posted : Sunday, November 27, 2011 2:42:19 AM(UTC)
frankieval

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If your agency wants to take adverse action against you for some misconduct is there anyway to object to it? Do you go straight to MSPB or settle it some kind of way? How do you go about this without a union?

Fed GS  
#2 Posted : Sunday, November 27, 2011 6:26:41 AM(UTC)
Fed GS

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If you received a letter of proposed suspension - it should specifically state how and who to respond to the proposed suspension. Provide documtation in support of your reasons not to be suspended. The proposed suspesion should identify the Douglas Factors which you can refute. A supervisor has a variety of ways to deal with a miscondut, depending on the severity of the misconduct it can range from a lesser disciplinary actions, such as admonishments and reprimands, to more severe penalties, such as suspensions and removals.

OutofLuck  
#3 Posted : Monday, November 28, 2011 3:06:46 PM(UTC)
OutofLuck

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Joined: 8/3/2009(UTC)
Posts: 16

If
you have received a proposal letter from your federal employer saying
that they are considering suspending, demoting, or firing you, you have a
serious problem — you need to take the problem seriously by hiring a
lawyer to represent you. The best time to try to stop the action is early, while it is still a proposal.

A lawyer can negotiate with your employer on your behalf and try to
convince your employer to drop the action. If your employer decides to
go ahead with the action, he can represent you in your appeal to the Merit Systems Protection Board.



frankieval  
#4 Posted : Tuesday, November 29, 2011 10:16:30 AM(UTC)
frankieval

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Any suggestion on who to get to represent me? I know this is not a forum for advertising but give me some options here. Any firms, people that you know that are top notch and the best at doing this?

smoore  
#5 Posted : Tuesday, November 29, 2011 11:05:43 AM(UTC)
smoore

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You can submit a written or oral response after you receive the written notice of proposed suspension.  If the decision maker sustains the suspension, you will be required to take the suspension but once you have actually been harmed (loss of pay) you can file an EEO complaint.  You must contact your EEO counsler.  If he/she cannot resolve your issue, you will receive authorization to file a formal complaint.  As far as the Douglas factors, forget it.  They can use the "thought" process.  That means nothing in writing.  You would think that if you are to be suspensed and your life turned upside down, that they would at least put something in writing. 
Oosik  
#6 Posted : Tuesday, November 29, 2011 11:19:51 AM(UTC)
Oosik

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frankieval wrote:
If your agency wants to take adverse action against you for some misconduct is there anyway to object to it? Do you go straight to MSPB or settle it some kind of way? How do you go about this without a union?

Funny how others are so quick to send you to lawyers and filing EEO complaints without even knowing if you were at fault.  It's hard to give you any real advice without having some idea of the seriousness of the charge and whether you have had prior discipline.
 
The first issue you have to address is whether you committed the charged misconduct.  

If you were at fault, convince the deciding official that you know you made a mistake and it will never happen again.  Apologize that you put the deciding official in the position having to judge your conduct.  Request that he issue a reprimand instead of a suspension.

If you did not commit the misconduct, marshal the evidence and present it in writing and / or in person.

Whatever you do, don't lie, don't accuse others, don't get mad at the deciding official.

Regardless of your approach, make sure that your conduct and performance are exceptional from now on.
frankieval  
#7 Posted : Tuesday, November 29, 2011 12:42:06 PM(UTC)
frankieval

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Oosik, sent you a PM!

frankgonzalez  
#8 Posted : Tuesday, November 29, 2011 11:19:42 PM(UTC)
frankgonzalez

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Was thanked: 4 time(s) in 4 post(s)
smoore wrote:
You can submit a written or oral response after you receive the written notice of proposed suspension.  If the decision maker sustains the suspension, you will be required to take the suspension but once you have actually been harmed (loss of pay) you can file an EEO complaint.  You must contact your EEO counsler.  If he/she cannot resolve your issue, you will receive authorization to file a formal complaint.  As far as the Douglas factors, forget it.  They can use the "thought" process.  That means nothing in writing.  You would think that if you are to be suspensed and your life turned upside down, that they would at least put something in writing. 
Where is the evidence provided in what the OP asked that suggests it falls within the EEO realm?  And, what if the suspension (for example) was because they punched someone?  Would that be EEO?  Or they used a racial epithet (such as a N word)?  Sometimes things are NOT EEO, ya know?!
frankieval  
#9 Posted : Wednesday, November 30, 2011 1:17:15 PM(UTC)
frankieval

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Oosik, sent you another PM!

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