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Case SUMMARY

VA rescinded proposed removal and revocation of privileges

A federal employee with over four years of federal service contacted us after she received a proposal to remove her from her position and a proposed revocation of privileges due to allegations that she had failed to complete medical assessments and patient screenings in a timely manner and that she had failed to properly document patient records.

We disputed the allegations, established that her past performance ratings had been excellent, and contended that she had previously alerted the Agency to persistent issues and concerns with her inability to complete all duties necessary due to time constraints and understaffing. Due to our client’s dissatisfaction with her work environment, she took the initiative to look for another position and was selected for reassignment to another position at a different VA location, contingent on her retaining employee status.

Our client’s responses to the proposed adverse actions were due one week prior to her start date in her new position. Understanding that there was a possibility the Agency could issue an adverse determination sustaining the removal prior to our client’s start date which would result in revocation of the reassignment, we quickly reached out to the Agency’s representatives.

We successfully negotiated terms with the Agency to permit our client to change her reassignment start date to begin prior to the deadline for her responses, which effectively rendered the Agency’s proposed removal and proposed revocation of privileges moot and it allowed our client to be reassigned without a determination on her record.

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