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Case SUMMARY

U.S. Department of Defense

A federal employee with over 30 years of service contacted us after he was proposed for a 30-day suspension for failing to follow established procedures and a lack of candor. The facts involved the employee’s alleged mishandling of classified documents. After a thorough review of the documents relied upon by the proposing official, we submitted a written reply to the proposed 30-day suspension arguing that the agency had not proven all of its specifications under the charge of failure to follow established procedures and that the agency had not proven by the letter of the law, that the employee demonstrated a lack of candor. Our legal argument coupled with our demonstration that the applicable Douglas factors necessitated mitigation of the proposed 30-day penalty, resulted in a reduced penalty of a 14-day suspension.

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