Federal employee misconduct examples. , letters of reprimand and suspensions of 14 days or less).

Federal employee misconduct examples As such, public officials deserve protection from baseless or false accusations. Federal employee conduct investigations are thorough and challenging, often leaving employees overwhelmed. As you might imagine, there are a plethora of rules and regulations that apply to you at any one time. What Is the Purpose of This Guide? Pursuant to Executive Order 13839 on May 25, 2018, a new direction was set forth for promoting efficient and effective use of the Federal workforce – reinforcing that Federal employees should be both rewarded and held accountable for performance and conduct. Dec 26, 2024 · Examples of Conduct Unbecoming Fortunately, the MSPB often reviews cases involving allegations of conduct unbecoming a federal employee. Jul 8, 2024 · Reasons for Disciplinary Action Against Federal Employees The reasons for federal disciplinary actions generally fall into two categories: performance issues and misconduct. DOJ OIG remains committed to providing transparency and accessibility to the public. Mar 28, 2025 · Learn how federal employee disciplinary actions are handled under 5 USC 7512, including procedures for notice, response, hearings, and appeals. Federal agencies must follow specific legal procedures before firing or negatively altering a federal worker’s employment status to protect qualified civil servants from arbitrary or politicized employment actions. Oct 20, 2025 · A federal employee misconduct investigation must be conducted, a hearing held, and the right disciplinary actions considered. While this is a very small number, GAO notes that even a few cases of employee misconduct can How do you handle complicated employee misconduct cases? Read this case on a federal employee misconduct example to learn more. Our team can help you navigate federal employee disciplinary actions and appeals processes. 1 million employees are formally disciplined for misconduct annually. Oct 3, 2025 · If you are facing a federal employee misconduct investigation, now is an important time to exercise your rights and prepare a defense against whatever misconduct you have been accused of. We have a successful track record in defending federal employees against lack of candor and falsification charges. 20 hours ago · For example, claims related to sexual harassment or discriminatory practices can be distressing, and they highlight the need for proper measures within federal agencies to ensure a safe and fair environment for all employees. Further, misconduct should be addressed when deficiencies are first noted, when, for example, an employee refuses or fails to comply with a rule, regulation or law within the workplace. Sep 28, 2020 · Most federal employees have rights before they can be demoted, suspended, or removed. Veterans Administration, 5 MSPR 280, established criteria that supervisors must consider in determining an appropriate penalty to impose for an act of employee misconduct. USPS, 49 MSPR 364 (1991) - Postal employee's off-duty misconduct resulting in conviction of first-degree sexual abuse of 14-year old girl was sufficiently egregious to raise rebuttable presumption of nexus. However, federal employees are entitled to at least 30 days of advanced notice when an agency proposes demotion, suspension, or removal. chapter 75 to suspend, demote, or remove employees based upon misconduct, unacceptable performance, or a combination of both, for “such cause as will promote the efficiency of the service. Here's how you can spot and report this issue. Learn about examples of conduct unbecoming in federal employment at Federal Practice Group, addressing misconduct in the workplace. May 20, 2022 · Abuse of Authroity is not something that should be tolerated in the federal workplace. Jan 24, 2025 · If you’re a federal employee under investigation for misconduct, your life is likely filled with many uncertainties and unanswered questions about your rights, your career, and your reputation. Veterans Administration, 5 M. Aug 15, 2018 · A new report from the Government Accountability Office discusses ways that federal agencies can more effectively address employee misconduct. Hornsby v. Our highly skilled team of federal employment attorneys have decades of experience successfully fighting failure to follow instructions charges. C. “Many federal employees feel their only recourse is to sue their supervisors when internal complaint processes fail. Based on the data collected by the Office of Personnel Management (OPM), agencies formally discipline an estimated 17,000 employees annually under Chapter 75, or less than 1 percent of the Jul 3, 2023 · Misconduct by a federal employee can take many forms and have serious consequences for both the individual and their career. These twelve factors are commonly referred to as “Douglas Factors” and have been incorporated into the Federal Aviation Why GAO Did This Study The federal government is the nation’s biggest employer, with about 2. The agency introduced new guidance Oct 3, 2025 · Federal Employee Disciplinary Rights A federal agency can issue employees a reprimand or letter of counseling without giving them advanced notice. As a federal employee, you hope to avoid ever receiving the dreaded “proposed disciplinary action. Personnel Subject to Discipline This law applies primarily to executive branch employees, including career civil servants, political Get some assistance with how to handle employee misconduct and the best practices for addressing cases as they come up with the help of automation. Performance As in the private sector, many performance-related situations could lead a federal employee to experience disciplinary action. Oct 3, 2025 · What Is Conduct Unbecoming for a Federal Employee? Conduct unbecoming for a federal employee refers to any behavior that an employer deems unprofessional or damaging to the employee’s work or the agency’s reputation. Call (202) 331-9260 for experienced representation. MSPB has said it is well-settled that there is a sufficient nexus between an employee’s misconduct and the efficiency of the service when … the conduct occurred at work. " Jun 26, 2006 · Knowing how to charge a federal employee with an offense can make the difference in winning or losing a case. In fact, federal employees are required to report suspected misconduct under certain circumstances. Merit Systems Protection Board (MSPB) conducted a survey of supervisors, managers, and senior executives and asked them, “If a subordinate employee engaged in serious misconduct are you confident that you would be able to remove that employee?” Approximately half said yes May 4, 2015 · At the MSPB, the employee argued that the agency had violated his due process rights, and the MSPB agreed. Jul 16, 2018 · An example is a last chance agreement, whereby an employee recognizes the agency's right to terminate him or her should another act of misconduct occur. Learn about employee misconduct, its impact on the workplace, and how organizations can maintain a healthy work environment. Federal employees have a variety of appeal and grievance rights. Mar 27, 2025 · Speaking up against wrongdoing takes courage—especially in the federal workplace. Oct 3, 2025 · What are the Douglas Factors? The Douglas Factors are a set of criteria that federal agencies must consider before taking disciplinary action against an employee. If Approved Leave – not a valid charge unless: absence is for compelling reasons beyond employee’s control so that approval or denial of leave was immaterial; absence went beyond a reasonable period; employee was warned of consequence if s/he did not return to duty; and the position needs to be filled on a regular, full- or part-time basis Understanding Douglas Factors: A Guide to Federal Employee Disciplinary Actions Definition & meaning The Douglas Factors refer to a set of twelve criteria established by the Merit Systems Protection Board (MSPB) to evaluate appropriate penalties for federal employees who have committed misconduct. For example, law enforcement officers and supervisory personnel, who set an example for the type of conduct expected not only for Federal employees, but the public as well, are held to a higher standard of conduct. In other words, stopping misconduct in its tracks, or even protecting yourself as the target of misconduct, can feel out of reach when it is your supervisor at fault. Alternative discipline may—under the right circumstances—be a more eficient and more effective approach than traditional discipline. In the following blog, we will explain when and why federal employers launch investigations Advantages of AD Usually effective. To address misconduct by civil servants, government agencies weigh various disciplinary measures. This report (1) describes the process agencies are required to follow in responding to employee misconduct; (2) identifies alternative approaches to the formal process that agencies can use and assesses what factors affect agencies’ responses to misconduct; (3) describes trends in removals and other adverse Apr 17, 2023 · Waste of funds Federal employees have the right to file a complaint without fear of retaliation or discrimination. 280 (1981), established nonexclusive criteria that supervisors must consider in determining an appropriate penalty to impose for an act of employee misconduct. Jan 31, 2025 · With that said, federal employees must be careful to avoid inadvertently admitting that they engaged in misconduct when relying on these types of defenses. If you are a federal employee facing lack of candor or falsification charges, our highly skilled team of federal employment attorneys can help. These factors ensure that any penalties are fair, consistent, and appropriate to the specific circumstances of the case. Code, removals and Prohibited Personnel Practices Overview Prohibited personnel practices (PPPs) are employment-related activities that are banne d in the federal workforce because they violate the merit system through some form of employment discrimination, retaliation, improper hiring practices, or failure to adhere to laws, rules, or regulations that directly concern the merit system principles. Understanding Whistleblower Protections for Federal HHS Employees Federal employees within the Department of Health and Human Services (HHS) play a crucial role in ensuring the integrity and compliance of health-related programs. They may contend that the Jan 18, 2017 · “Generally, the objective of discipline is to correct deficiencies in employee conduct and performance, not to punish the employee,” says the document titled Managing Federal Employees Disciplinary removal procedures and rights are similar to those for competitive service employees, except that the standard for action is "misconduct, neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function. By: FEDweek Staff Federal employees who perform unacceptably in their jobs or commit serious job-related misconduct are relatively rare, with various studies and analyses, as well as the results Jun 4, 2025 · The Office of Personnel Management (OPM) published a proposed rule in the Federal Register this week along with a request for comments from the public that would make it easier to fire federal employees for serious misconduct. Nov 20, 2022 · As such, “conduct unbecoming a federal employee” is a generalized term to describe various actions made by a federal employee that is believed to impact negatively or harms the agency and its service. ” May 16, 2022 · If the misconduct occurs on duty, or using agency resources, it is much easier for the agency to show nexus. How do you handle complicated employee misconduct cases? Read this case on a federal employee misconduct example to learn more. Know your rights when it comes to federal employee disciplinary actions. Generally, misconduct is an intentional act by an employee that breaks a rule, norm, policy, or regulation within the federal government. Authority for Disciplinary Action Most Federal agencies are authorized under 5 U. OPM Oct 3, 2025 · Federal employees have an important role to play in the operation of our government. EEO offenses and liability. Sep 30, 2025 · Each year, the Federal Bureau of Prisons receives thousands of employee misconduct allegations—and allegations are on the rise. Federal Employment Attorneys You Can Trust If you’re a federal employee facing a failure to follow instructions charge, it’s important to take the correct steps to protect your rights. Understanding the differences is critical. Oct 28, 2007 · Examples of such misconduct might include a Forest Service employee engaging in arson, an Internal Revenue Agent evading taxes or VA hospital employee taking drugs from Agency stores. Federal agencies consider honesty and Apr 21, 2014 · Sample Proposed Disciplinary Action By John V. Understanding the . ” 1 This is often referred to as “nexus” – meaning that the agency must show a connection between the employee’s conduct or performance and “the work of Mar 27, 2025 · Federal employees are held to strict ethical and professional standards, and violations can result in disciplinary action. ” 1 A removal action terminates the employment of an individual. , Attorneys at Law, PLLC, are experienced in representing federal employees in whistleblower retaliation and misconduct cases. , www. Oct 3, 2025 · The federal government often employs a progressive discipline approach when dealing with employee misconduct or performance issues. ” Some misconduct is criminal or egregious, such as sexual harassment, smoking marijuana or falsifying documents. Our blog has more information on this topic. Notable cases involving DC and federal employees represented by Alden Law Group, PLLC, a Washington, DC labor and employment law firm. Employee can be disciplined if misconduct occurs within the agreed upon timeframe. ” But you should be prepared to know what to do in the event that you face such a situation. Oct 14, 2014 · The Douglas Factors: The twelve most important factors for a federal employee's discipline case at the Merit Systems Protection Board (MSPB). This article outlines some key points for… Why GAO Did This Study Employee misconduct can detract from an agency’s mission, negatively impact employee morale, and damage an agency’s reputation. […] The Douglas Factors The Merit Systems Protection Board in its landmark decision, Douglas vs. Conduct Unbecoming What is Conduct Unbecoming of a Federal Employee? “Conduct unbecoming for federal employees” refers to actions or behaviors by individuals working for the federal government that are considered inappropriate, unethical, or in violation of the standards of conduct expected of federal employees. Alternative discipline is an approach to address misconduct that is available to agencies in lieu of traditional penalties (e. Employee Relations (ER) and other human resource practitioners are always in need of resources to guide and advise managers on a difficult topic or a subject that has never been experienced in your agency or maybe you are in search of materials to train new employees in the field ER. 2 While removals, demotions, and suspensions can occur under chapter 75 of title 5 of the U. Discover common examples of federal employee misconduct, including improper conduct, abuse of authority, and more. com We often represent and defend federal employees in proposed disciplinary actions. Oct 14, 2024 · Employee misconduct is any behavior, action, or decision that breaches the established rules, policies, or expectations of a federal employer. Feb 3, 2025 · Misconduct, poor performance, or attendance issues? Solomon Law Firm helps federal employees understand agency proof requirements and defend against charges. When a federal employee is facing proposed discipline it is important for them to speak with an attorney knowledgeable in federal employment law for legal advice and representation. Lack of candor describes an employee’s failure to be truthful or forthcoming in communications with their employer. In this post, our attorneys define "conduct unbecoming a federal employee" charges, provide examples, and explain what you should know. A legal definition of the concept is hard to find. DHS is the third-largest cabinet-level department, employing more than 240,000 staff in a broad range of jobs. Mahoney, Esq. While the judiciary is working to address workplace misconduct, we found it could: Better align with the Equal Consequences for a Failure to Maintain Condition of Employment charge can vary depending on the federal agency, the nature and severity of the issue, and any applicable laws or regulations. Jan 11, 2017 · As part of its ongoing strategy to improve employee engagement, the Office of Personnel Management has a plan to tackle the thorny issue of employee misconduct. However, when these employees encounter misconduct or unethical practices, they may face significant challenges in reporting these issues. Specifically, the employee had indicated to management that a traffic ticket (related to one of the charges of misconduct) had been “cancelled,” but a manager called the police department and learned that the ticket was still active. Jul 25, 2016 · Federal employees who allegedly engage in any form of broad misconduct that is "unattractive" or "detracting from one's character" may be charged with "conduct unbecoming a federal employee" and face disciplinary action. Understanding how retaliation Kalijarvi Chuzi Newman & Fitch helps federal employees who have been issued disciplinary or adverse actions. Preparing to File an OIG Complaint As a federal employee, you may have witnessed or become aware of wrongdoing within your agency. Contact Kator, Parks & Weiser today for a free consultation if you are a federal employee facing a proposed disciplinary action. Jan 13, 2017 · The Office of Personnel Management on Wednesday reminded federal managers that they have several tools at their disposal to discipline poor performers or employees engaged in misconduct. These range from minor issues like unexcused absences to major incidents like abuse. Let’s review these examples to get a sense of what this term actually means in real-world situations. Merit Systems Protection Board (MSPB) conducted a survey of supervisors, managers, and senior executives and asked them, “If a subordinate employee engaged in serious misconduct are you confident that you would be able to remove that employee?” Approximately half said yes Sep 9, 2022 · As one of the largest employers in the United States, the federal government's employment practices and policies differ from those of the private sector. Berry, Esq. It is essential for federal employees to be aware of the standards of conduct expected of them and the potential repercussions for violating these standards. Different Types of Adverse Actions Use Different Rules Removals, demotions, and suspensions of Federal employees are “adverse actions. Under 5 U. In a case where the manager changed a rating on another employee’s performance evaluation and denied doing it, the Board held that the agency was entitled to use a general charge of conduct unbecoming a federal employee, rather than the charge of falsification. ” Jan 10, 2022 · Federal Whistleblower Lawyers The federal employment attorneys at the Preeminent-rated and award-winning Federal Employees The Law Firm of John P. This approach is designed to provide employees with opportunities to correct their behavior while also protecting the efficiency of the federal service. However, both can cause irreparable harm to your career and personal life. Conduct problems typically Alternative discipline is an approach to address misconduct that is available to agencies in lieu of traditional penalties (e. Employees who report misconduct, fraud, or safety violations expect their concerns to be taken seriously. P. A demotion action is also known as a reduction in grade or a reduction in pay. For example, you are guaranteed due process rights in adverse action cases but not if a disciplinary action is being proposed. This can overturn or mitigate an agency’s disciplinary decision if successful. 1215, specific procedures govern how misconduct is addressed, ensuring due process while maintaining accountability. 1 million non-postal civilian employees. Adverse actions include more serious punishments, while disciplinary actions often refer to less serious punishments. Aug 7, 2023 · In an annual report that underscores that violations of federal workplace conflicts of interest policies carry potential criminal consequences as well as Apr 16, 2024 · For example, if male and female federal employees are charged with the same misconduct and only the female employee gets fired, this could be indicative of discrimination. ExECUTIvE SUMMAry Federal agencies have a responsibility to manage their workforces effectively and this includes the effective use of discipline to address misconduct by employees. Nov 30, 2018 · Off-duty misconduct had a negative impact on the agency’s mission – Whether the act occurred at a job site or a work-related event, involved other federal employees or managers, or resulted in negative publicity toward the agency, these are examples of off-duty actions adversely affecting the agency’s mission. Jan 7, 2025 · Due process is a cornerstone of fairness in federal employment disputes. An employee lawfully assigned to investigate irregularities or misconduct by Federal employees may be empowered to administer oaths to witnesses (5 U. GAO said that an average of less than 1 percent (17,000) of the federal government’s 2. Feb 19, 2025 · Federal employees have the right to assert affirmative defense before the MSPB. , letters of reprimand and suspensions of 14 days or less). Mar 17, 2025 · Adverse and disciplinary actions for federal employees are different classes of punishments. OSC has the Connecting the Job and the Offense (“Nexus”) To implement a suspension, demotion, or removal for misconduct, the agency must be able to show that the action was “for such cause as will promote the efficiency of the service. Allegations of workplace misconduct—including sexual and other types of harassment—at the federal judiciary have recently drawn national attention. An example is a last chance agreement, whereby an employee recognizes the agency’s right to terminate him or her should another act of misconduct occur. An employee may be disciplined for misconduct that adversely affects the efficiency of the federal service, under 5 CFR 752. These factors help ensure that disciplinary actions are fair and proportional to the offense Aug 31, 2020 · The federal government is the nation's biggest employer, with about 2. Examples can include: Failure to meet basic job expectations, Carelessness or Feb 14, 2018 · EXAMPLES OF NEXUS Graham v. The Douglas Factors The Merit Systems Protection Board in its landmark decision, Douglas vs. (12) The adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others. When agencies fail to follow these procedures, federal employees can make a case to the Merit Systems Misconduct As Grounds For Disciplinary Action Each federal agency has a laundry list of prohibited behaviors that constitute misconduct or “conduct unbecoming a federal employee. In many cases, federal employees facing such issues may be subject to progressive discipline, which can include verbal counseling, written warnings, suspension, or termination, depending on the Jan 18, 2017 · Further, misconduct should be addressed when deficiencies are first noted, when, for example, an employee refuses or fails to comply with a rule, regulation or law within the workplace,” it says. Learn how legal experts can help protect your rights. As such, it is important for DHS to effectively address misconduct, while also respecting employees’ due process rights. Encourages speedy resolution of issues. Fortunately, you are not alone. S. Please use this page to submit complaints of waste, fraud, abuse, misconduct, or whistleblower retaliation and to find our most recent reports. R. Thanks to their dedication, all the government services we take for granted keep running effectively. Doe v. Are those employees properly reporting their hours? We looked at time and attendance misconduct and potential fraud at 24 agencies. Depending on the issues involved, they may pursue the matter within their agency, appeal to the Merit Systems Protection Board (MSPB) or file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Office of Special Counsel (OSC). berrylegal. Jul 25, 2024 · Over 30,000 employees work in the Judicial Branch, which includes the Supreme Court, circuit and other courts, agencies, and more. g. However, some whistleblowers face retaliation from their agencies instead of being applauded for their honesty. The severity of consequences for AWOL can vary depending on the circumstances and agency policies. Fraud involves obtaining something of value through willful misrepresentation. You Were Asked to Engage in Prohibited Conduct – You should not be at risk of losing your federal job if you refused to follow instructions or orders to engage in prohibited conduct. When you are charged with misconduct or poor performance, your rights depend on the severity of the proposed penalty. Both adverse and disciplinary actions are taken by an employer for reasons of performance or misconduct. Examples of misconduct may include: Failing to follow instructions Misusing government property Stealing government funds or property Dec 26, 2024 · Lack of Candor Meaning What does lack of candor mean? While it is one of the most common misconduct charges seen in the federal workplace, it is hard to describe lack of candor. 303), witnesses may include Federal employees and non-Federal employees. Agency inspectors general said they collectively substantiated 100 allegations of employee time and attendance misconduct or fraud from FY 2015-2019 In adverse action cases where an employee has been removed based on misconduct, a federal agency must prove the allegations made against the employee by 51% preponderance of the evidence presented. Supervisors Report the Greatest Barriers to Addressing Employee Misconduct Come from Within Agencies In 2016, the U. Retaliation can take many forms, some more subtle than others. AWOL is considered a form of employee misconduct, and federal agencies have established rules and procedures for addressing and potentially disciplining employees who engage in this behavior. Misconduct is generally considered an action by an employee that impedes the efficiency of the agency’s service or mission. Oct 20, 2020 · Newly finalized rules from OPM emphasize discretion for management officials when taking disciplinary action against federal employees on charges of alleged misconduct. Places the responsibility on the employee to correct the misconduct. Rationale for the Proposed Rule OPM is issuing this proposed rule to align its regulations with the directives outlined in the Presidential Memorandum issued on March 20 Feb 17, 2024 · Some federal employees have successfully argued for mitigation where stress or an anxiety condition contributed to the disciplinary misconduct issues. In 2018, GAO reported that, on average, less than 1 GAO was asked to examine how executive branch agencies address employee misconduct. mokwr mhao ookiu guwsp shfwx loubwo nddk hxr bodjy qmtwr dhbg zkjxrc pbmovaxm mrkjjdn jezy