table of penalties douglas factors

Xu"! } =!4$?g*QUHC(K(! SO4T=1!M|#7LSR"z/U1'6P($PC=Q"@/BQy~>S,;@ The rules for determining the penalty, and the ability of MSPB to review that penalty, depend on the statute being used by the agency to authorize the adverse action. It is important that you really highlightthefactors that are in your favor. [;C;@){ :@H- - 3VLL L.L.q^h8N),H3q30 ( When an employee with a high level of trust and authority violates regulations, they generally face harsher penalties. Non-SES probationary employees generally cannot appeal an adverse action to the MSPB except in very narrow circumstances. For instance, if an employee has committed misconduct but fully discloses his or her actions prior to an investigator finding out about the misconduct, this can be deemed to be a significant mitigating factor. Typically, this factor is used by an agency to support an increase in the proposed disciplinary penalty. By William N. Rudman . Relevant? The argument for mitigation here is that the federal employee continued to work in their normal position while the investigation was ongoing. Additionally statements from managers or co-workers as to your ability and integrity will be helpful. If they refuse, your only recourse may be arguing your adverse action before the Merit Systems Protection Board (MSPB). Cir. Acknowledgement of Receipt: ______________________________ __________________ (Employee's Name) (Date) Sample: If employee fails or refuses to sign the acknowledgement: Sample: I certify that I handed this proposed action to (Employees Name) on (Date). Managers should have a legitimate, non-discriminatory or "business" reason for taking a disciplinary action. Conversely, aggravating factors are those that suggest the discipline be sustained or even increased. If this is impractical to do, use Sample 2. Starr Wright USA is the nations leading provider of FEPLI. All other facts the same, you would want to point this inconsistency to managements attention because it is clear the two penalties are not consistent with each other. U.S. Department of the Interior, 1849 C Street NW, Washington, DC 20240. The Douglas Factors explained, the keys to a discipline case - Ivancie Law yQB9RR_C}xxx+i$yyyzy^*UTTq^yu! Be clear, terse, and apologetic. A knowledge of the Douglas Factors is helpful for both federal employees and managers. This means you should provide objective facts to support your arguments if you can. generadores de diesel precios We generally find that it is important to actually make sure that a proposed disciplinary action or a sustained final penalty has been listed appropriately under the agencys table of penalties. Explanation, if relevant: (9) The clarity with which the employee was on notice of any rules that were violated in committing the offense, or had been warned about the conduct in question. The .gov means its official. This Douglas factor is one of the most often used arguments our firm uses in support of mitigation of a disciplinary penalty. h[M+}LX,? Producing a doctors note to management confirming the hospitalization supports the validity of your claim and will be harder for management to overlook than had you just made a verbal assertion of the same. Federal agencies may attempt to base a proposed or final penalty based on an agencys table of penalties. PDF Committee on Oversight and Government Reform U.S. House of Explanation, if relevant: (11) Mitigating circumstances surrounding the offense such as unusual job tensions, personality problems, mental impairment, harassment, or bad faith, malice or provocation on the part of others involved in the matter.Relevant? What is effect of the misconduct charged? It is a widely accepted principle that the penalty must be appropriate to the offense and the minimum that will correct the behavior. 4.Charge: (Alleged misconduct - the reason the action is being proposed) Samples: Charge: Unauthorized Absence(Number of offense if applicable) or Charge: Unauthorized Absence Third Offense 5.Specification(s): The facts and evidence that establish the misconduct charged took place. The ranges of penalties shown in the Table are those that are considered to be most typical for offenses of the nature indicated. Note: The above misconduct could be the basis for two separate charges, Unauthorized Absence and Failure to Call in an Absence as Required by Agency Policy. Determining the Penalty - United States Merit Systems Protection Board consistency of the penalty with any applicable agency table of penalties; (8) the notoriety of the offense or its impact upon the . stream ELLU attorneys assist managers and human resource personnel in analyzing misconduct andconsideringappropriate discipline and adverse actions, in reviewing related proposals and decision letters, and defending the agency in appeals challenging adverse actions. 11700 Plaza America Drive The Douglas factors 8. Managers should also take into account past service in the armed forces or other government employment, as well as positive reviews from past supervisors or co-workers. Generally, however, this Douglas factor is argued for the purposes of arguing for a less severe penalty. Your signature does not indicate agreement with this action; it only represents receipt of this notice on the date signed. Federal government websites often end in .gov or .mil. The Douglas Factors . Table Of Penalties Douglas Factors Once you have a few key factors you should try to collect any supporting evidence that may be helpful, like doctors notes, proof of counseling sessions, etc. If they are a manager or in a position of great trust any transgression is likely to be viewed more harshly. Leverage the Douglas Factors properly at your Oral Reply, and you may avoid a costly MSPB Case Later. PDF The Douglas Factors - National Federation of Federal Employees Hiring an experienced federal employment law attorney for your oral reply can pay for itself many times over. This guide has beenprepared by an attorney with extensive experience practicing before the MSPB, both as a representative of federal agencies, and as a representative of federal employees. unless application of the Douglas factors supports a penalty outside that range or if a statutory penalty applies such as willful misuse of a Government vehicle. Determine an experienced a table of penalties douglas factors and ends with childishness rather than intentional or reasons, agencies should not have successfully. The potential for an employees rehabilitation is an important Douglas factor for a federal employee, especially in cases of proposed removal. For example, if an employee has no past disciplinary record, factor #3 doesnt hurt the employee, and can actually become a mitigating factor. { v v _ lv lv lv Y Y S{ d lv lv lv 9w 9w 9w 9w d= BB 1 BB Proposed Disciplinary/Adverse Action Worksheet 1.DATE: (OF PROPOSAL MEMORANDUM) TO: (NAME), (POSITION) FROM: (NAME), (ORGANIZATIONAL TITLE) Must be signed by Proposing Official2.SUBJECT: Notice of Proposed (SUSPENSION OF (#) DAYS, CHANGE TO LOWER GRADE, REMOVAL)3.Paragraph Purpose of the Memorandum Sample: This is notice that I propose that you be (suspended for XX days, changed to lower grade, removed from your position and from Federal service) no earlier than 30 days from your receipt of this notice. The Douglas factors come from a seminal employment case titled,Douglas v. VeteransAdministration, 5 MSPR 280 (1981). PDF NASA Desk Guide for Table of Disciplinary Offenses and Penalties If you are a unionized employee, typically someone in your bargaining unit will help you argue your case to management at your oral reply. Employees should be aware that managers sometimes use a Douglas Factors Checklist that helps then analyze and consider each factor. Some federal employees have successfully argued for mitigation where stress or an anxiety condition contributed to the disciplinary misconduct issues. In cases of severe misconduct, it may be appropriate to conduct an independent investigation of the misconduct through the Office of Human Resources, a third-party contact investigator or the Office of the Inspector General (OIG). If you want you can download and read the fullDouglas v. V.A. Do you need a table of penalties in OPM? ALL RIGHTS RESERVED. Typically, a federal employee will be proposed for disciplinary action in a case based on a violation of a particular agency rule. PDF The Douglas Factors For federal employees, understanding of the factors can help when preparing a reply presentation; by taking each factor into account, an employee can present relevant evidence to support their position. Every case is different, so sometimes factors that really stand out in one case, have little to no significance in another. The fifth Factor relates to an employees ability to do their job relative to the specific offense committed. Factor: Notoriety and impact 3. Moreover, I believe most, if not all, of the employees involved were removed or resigned from federal service. For instance, a law enforcement officer who is convicted of breaking laws may result in harsher penalties than, say, an employee who accidentally nods off while on a night shift. Douglas Factors for Federal Employees - berrylegal This is because it puts you on notice of the penalties which is factor #9, below. Factor: Nature and seriousness 9. It is a widely accepted principle that the penalty must be appropriate to the offense and the minimum that will correct the behavior. Yes___ No____Potential for rehabilitation can be both a major aggravating and mitigating factor.

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