Alan Lescht and Associates successfully defends federal employees in proposed disciplinary proceedings, often convincing deciding officials to rescind or mitigate proposed penalties.
Unlike private sector employees, most federal government employees have due process rights. Before terminating your employment, the federal government must issue you a detailed notice of proposed removal that outlines the reasons it intends to terminate your employment. Your employer must also give you a notice of proposed discipline for demotions and suspensions. The written notice must explain whether the discipline is based on performance or misconduct. The notice should also inform you that you have the right to respond orally and in writing. You also have the right to hire an attorney or other representative to help you.
If you received a notice of proposed removal or another type of discipline, we can help. Our attorneys will work with you to evaluate your case, discuss your options, and develop a strategy to assert your rights. Alan Lescht and Associates represents federal government employees in the following disciplinary matters:
Send us an email or call us at (202) 463-6036 to speak with an experienced employment attorney. Alan Lescht and Associates offers strategic and results-driven legal services to federal government employees around the world.
Our client worked as an aircraft mechanic for the Delaware Air National Guard. The agency suspended him for five days for a charge of failing to observe regulations. We requested a hearing and argued that the written regulations were vague, and that our client properly used his subject matter expertise to interpret the regulation. In addition, we argued that the agency impermissibly considered discipline that was no longer in our client’s file. The hearing officer agreed with our arguments and evidence and reversed the suspension.
Our client contacted us after the agency proposed to terminate her employment. Just prior to the proposal, the agency offered her another position within another organization. We negotiated an arrangement where the agency permitted the client to change positions in lieu of termination.
A federal employee retained us after receiving a proposed removal for failure to perform. However, the alleged performance issues were largely attributable to the client’s known medical conditions. We submitted a comprehensive written reply to the agency’s proposal. Based on our response and supporting documentation, the deciding official rescinded the proposal, and transferred our client to a lower-grade position at a different division within her commuting area.