Specification #2. 2 0 obj
If employees have access to regulations surrounding an offense, managers have a stronger case for imposing discipline when those rules are broken. Those in positions of higher levels of trust and authority, such as supervisors, are held to a greater level of accountability than those in non-supervisory positions. While each case is different, seeking alternatives may be useful. %
Cir. Generally, however, this Douglas factor is argued for the purposes of arguing for a less severe penalty. 6.Further Charges and Specifications:
Repeat above format
7.Efficiency of the Service Rationale Paragraph(s):
This paragraph typically includes the answers to the following questions:
What rule(s) was (were) violated? An employee with a significant disciplinary record most likely would have poor potential for rehabilitation. Conclusions and vague statements do not hold much weight with third parties. Factor 4: The employees past work record, including length of service, performance on the job, ability to get along with fellow workers, and dependability. A supervisor cannot just say it; he/she has to prove it. In cases of federal employee misconduct, each of these factors must be considered by those who are tasked with determining an appropriate penalty. Douglas factors can be used as mitigating or aggravating factors so it is important to fully understand the application of both types of legal arguments. %PDF-1.6
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Managers should contact the OIG or law enforcement where criminal conduct is suspected or alleged. Misconduct is also considered more severe if it is done maliciously or for personal gain. These terms are used commonly in Douglas Factors application. The first factor looks at the severity of the misconduct and how itrelates to the position the employee has. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. Cir. Explanation, if relevant:
(3) The employee's past disciplinary record.Relevant? Consistency of the penalty with any applicable agency table of penalties; (8) The notoriety of the offense or its impact upon the reputation . You may make arrangements for an oral reply by contacting (Deciding Official's Name) at (Deciding Official's Telephone). disciplinary situations. Generally, the ranges of penalties are fairly broad (e.g., Letter of Reprimand to Proposed Removal). 280, 302 (1981). generadores de diesel precios generadores de diesel precios Home Realizacje i porady Bez kategorii generadores de diesel precios For instance, if the federal employee at issue has worked for the federal agency involved for 30 years, and has never received prior discipline during that time this can be used to attempt to reduce the proposed discipline. If they refuse, your only recourse may be arguing your adverse action before the Merit Systems Protection Board (MSPB). Yes___
No____Unusual job tensions, personality problems, mental impairment, harassment, or bad faith, malice, or provocation on the part of others involved in an incident are mitigating circumstances that should be reviewed. Consistency of the penalty with any applicable agency table of penalties; (8) The notoriety of the offense or its impact upon the reputation . One of the basic tenets of the administration of "just cause" is the even-handed application of discipline. (See Attachment 1 -Your statement of (DATE) and Attachment 2- Statement of your immediate supervisor of (DATE)). The 45 day deadline to file a discrimination claim, Federal EEOC, Fast Legal Answers: Federal Whistleblower Protection Act, an attorney with extensive experience practicing before the MSPB, Federalemployee's guide discipline cases and the MSPB, What every federal employee should know - The Douglas Factors. Cir. The final Douglas Factor asks both manager and employee to consider alternative penalties. Similar offenses can be used to guide penalty selection. 11700 Plaza America Drive The Douglas factors come from a seminal employment case titled,Douglas v. VeteransAdministration, 5 MSPR 280 (1981). The Douglas Factors . Douglas Factors In Depth The Merit Systems Protection Board in its landmark decision, Douglas vs. Veterans Administration, 5 MSPR 280, established criteria that supervisors must consider in determining . The key to doing so is to fully argue the rationale behind this argument before the agency involved or the MSPB. PDF Civilian Personnel Disciplinary and Adverse Actions - United States Army If intentional, malicious misconduct, repeated offenses, or misconduct undertaken for personal gain may incur harsher penalties. You neither came to work nor did you call in your absence. 280 (1981)
These factors are used to explain why the penalty was chosen. Douglas Factors - Postal Reporter Your unauthorized absence required other employees to be responsible for accomplishing your work on the days you were absence. Ultimately, managers are people too. 527, 8 (2003); Zayer v. Department of Veterans Affairs, 90 M.S.P.R. ______________________________ __________________
(Name) (Date)
Sample:
If employee cannot be reached personally at the time of the proposal:
I certify that I sent this proposed action to (Employees Name and address) on (Date) by both certified and express mail. On (DATE), you were scheduled to report to work at (TIME). If you have been disciplined before you will face harsher discipline going forward. The Douglas Factors explained, the keys to a discipline case - Ivancie Law Your written reply and any evidence should be sent to the Deciding Official, (Deciding Official's Name), (Deciding Official's Title). Yes___
No____If the particular offense at issue is not in the guide, you should review the guide for similar, related offenses. In particular, the lack of clarity argument refers to the rules governing the underlying allegations at issue. what extent, the "Douglas" factors come into play or how egregious the act was. Explanation, if relevant:
(10) Potential for the employee's rehabilitation.Relevant? past performance). These factors are collectively known as the Douglas factors for the case that articulated them and they are still in use today. Also any awards or accolades the employee has would be mitigating in nature. See Douglas v. Veterans Administration, 5 M.S.P.R. So, if your case was publicized or brought shame and negative attention to the agency you can expert a more severe penalty. Another example would be an employee who holds a position as a clerk where they regularly handle money deposited by the public and are responsible for balancing small accounts. <>>>
A good example of negative notoriety are the recent cases involving Secret Service Agents that hiredescorts in South America. You have the right to reply to this proposal orally and/or in writing and furnish any evidence in support of your reply within fifteen (15) calendar days after the date you receive this proposal. More significant discipline is referred to as an adverse action, which entails suspensions of more than 14 days, reductions in grade or pay, furloughs of 30 days or less, or removals. The key inquiry here is whether like and similar cases have resulted in close-to-the-same discipline you are facing in your case. Yes___
No____The analysis of this factor involves much more than a supervisor's statement that he/she has lost confidence in the employee. For example, an allegation of dishonesty would be treated more seriously, under this Douglas factor, for a federal employee that holds a law enforcement position. An official website of the United States government. Douglas factor issues vary significantly from case to case and federal employees should consult with an attorney who is knowledgeable about these issues prior to responding to a proposed disciplinary action or filing an appeal with the MSPB. This Douglas factor can be extremely helpful for purposes of mitigation where a federal employee has continued to work successfully in their normal position (i.e., not placed in light duty or administrative leave), over an extended period of time, after the underlying allegation has occurred. The Douglas factors 8. The 12 Worst Types Table Of Penalties Douglas Factors Accounts You Follow on Twitter 280 (1981), the following factors may influence the decision as to whether any formal disciplinary action should be imposed at all, or whether such action might be less severe (mitigating) or more severe (aggravating) than the typical range shown in the Table of Offenses and Penalties. Such cases call into question an employees ability to perform their specific job duties with integrity. xfg! Lets sayyou are facing a long suspension for showing up late to work for a long period of time because you are a recovering alcoholic and fell off the wagon for a few months. Merit Systems Protection Board still follows today. What every federal employee facing discipline should be familiar with: The Douglas Factors. For example, a law enforcement officer is charged with enforcing laws. The table of penalties can be a useful guide to an agency's wishes, but remember, the Merit Systems Protection Board has the final say. Therefore, you should anticipate factors the deciding official may focus on and structure your presentation accordingly. Plaza America Private sector cases are drastically different. The Douglas Factors - Melville Johnson But do not highlight them either. Relevant? The site is secure. The thrust of this factor is that the more prominent the position, or more trust and power you hold in the position, the more seriously the agency is going to view any misconduct you engage in. However, it is important to argue this Douglas factor where a prior federal employee case of a similar nature resulted in a lower disciplinary penalty. Factor 10: Potential for the employees rehabilitation. What kind of recovery can I get in my discrimination case? Starr Wright USA is the nations leading provider of FEPLI. Once an employee has a disciplinary record, its harder to defend against new charges of misconduct and more difficult to argue that a mitigated penalty is deserved. Sample:
Your unauthorized absence(s) violates (Name of Agency) policy (Identify by name, number and date) specifically Section (Number) at Page (Number) which states: (Extract the language of the policy). But they may refuse to. Non-SES probationary employees generally cannot appeal an adverse action to the MSPB except in very narrow circumstances. 4 0 obj
Explanation, if relevant:
(7) Consistency of the penalty with any applicable agency table of penalties. 0
Explanation, if relevant:
(5) The effect of the offense upon the employee's ability to perform at a satisfactory level and its effect upon supervisors' confidence in the employee's ability to perform assigned duties. Merit Systems Protection Board, Why Federal Employees Have the Right to a Hearing, Implementing or Challenging Initial Decisions, Agency Officials Substantive and Procedural Errors and How to Fix Them. hbbd``b`:$ Hd V$D? Additionally, the Board cannot review the reasonableness of a penalty that is set by law. PDF Douglas Factors In Depth - Letter Carrier Connection 1999). A competent attorney canhelp you lower your discipline at the early stages of process all together avoiding the expense of litigating your case later. When our firm prepares an appeal to the MSPB for a client or in a case before a deciding official at the proposal stage it is important to set forth any and all mitigating factors that might be applicable to a federal employees case. As a result, in defense cases our firm attempts to argue that the lack of clarity as to these rules warrants a reduction in a disciplinary penalty. As a result, it is very important for a federal employee to argue all applicable Douglas factors, and provide documentary evidence (e.g. Under the sixth Factor, the workers should receive similar penalties, rather than one getting fired and one receiving a written warning. This factor basically asks: Did you know, or should you have known, that what you did was wrong and that you would be punished for engaging in that kind ofconduct?
Ristoranti Strada Panoramica Pesaro, Articles T
Ristoranti Strada Panoramica Pesaro, Articles T