Bk|8AAoq':#@-zSs)@yFAaH=p.GNXQKAr{D$Xjuk.ku
u4RunO|zSp :*NPS0EI]9w]qk.9r>?^|xPG/~A}zI}Nw/o~SBE4*8VT?icyyrl9/srOW#L9}%N%NN}L;=+xoiE94f}9qnF~{15 PxBOGy:#/ Opinions expressed in this article are for informational purposes only and do not constitute legal advice. 8.Douglas Factor Analysis. There are certain standards of behavior and conduct expected of employees by our external and internal customers. 280 (1981)
These factors are used to explain why the penalty was chosen. While each case is different, seeking alternatives may be useful. If you list a factor you must explain why it is relevant. A familiarity with the Douglas Factors will help managers understand the analysis they must undertake when making disciplinary decisions. When looking for an attorney make sure they have experience handling federal-sector employment cases. The first factor looks at the severity of the misconduct and how itrelates to the position the employee has. It is important that you really highlightthefactors that are in your favor. such factors as the value or the property or amounts of employee time involved, and the nature of the position held by the offending employee which may In some instances, you may want to request that management reconsider your case. Determine an experienced a table of penalties douglas factors and ends with childishness rather than intentional or reasons, agencies should not have successfully. If not, include delivery confirmation by the postal or delivery service. Your unauthorized absence cannot be tolerated because Agency supervisors, managers must be able to plan your work and rely on you to be available. 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. But do not highlight them either. Factor 3: The employees past disciplinary record. With responsibility comes greater obligation and scrutiny. This Douglas factor is one of the most often used arguments our firm uses in support of mitigation of a disciplinary penalty. Non-SES probationary employees generally cannot appeal an adverse action to the MSPB except in very narrow circumstances. By William N. Rudman . Management has likely even required you to review the table and sign a form asserting your knowledge of it. The fifth Factor relates to an employees ability to do their job relative to the specific offense committed. generadores de diesel precios generadores de diesel precios Home Realizacje i porady Bez kategorii generadores de diesel precios Nor can it be doubted that the federal courts have regarded that authority as properly within the Commissions power. Douglas v. Veterans Administration, 5 M.S.P.R. First, the employee must have been informed of the action in writing; second, the employee must have been given an opportunity to dispute the action by having it reviewed, on the merits, by an authority different from the one that took the action; and third, the action must be a matter of record. Explanation, if relevant:
(12) The adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others.Relevant? For example, a federal agency may attempt to use the particular position that a federal employee holds (e.g., high-level supervisorsuch as Senior Executive Service [SES]) or type of position (e.g., law enforcement) as an aggravating factor. The Douglas Factors: Disciplining employees is a fact of life. Factors considered are the employee's job level and the type of employment that may include a supervisory or fiduciary role, contacts with the public, and prominence of the position. It is important to rebut these issues in a Douglas factor defense. What every federal employee facing discipline should be familiar with: The Douglas Factors. Factor 6: Consistency of the penalty with those imposed upon other employees for the same or similar offenses. Note: The above misconduct could be the basis for two separate charges, Unauthorized Absence and Failure to Call in an Absence as Required by Agency Policy. The first Douglas factor, nature and seriousness of the offense, generally refers to the connection between the seriousness of the allegation and the position that an individual federal employee holds. Sample 2: You have the right to review the material relied on to support this proposed removal. Our DC-Metropolitan Based Law Firm Specializes in Employment, Security Clearance, and Retirement Law. 12.Provision of Information Relied Upon Paragraph:
Generally, the material (evidence such as witness statements, policies, regulations and the like) should be referenced and attached to the proposal. EachDouglas Factor can work for or against an employee depending on their specific case. We are all human, we all make mistakes, how you handle those mistakes speaks volumes about your character. For instance, if a mental health issue or addiction caused problems on the job but the employee has since sought out effective treatment that may be an acceptable alternative. Consistency of the penalty with any table of penalties an agency may have . Explanation, if relevant:
(3) The employee's past disciplinary record.Relevant? Note that: accruing multiple instances of discipline can lead you on the fast track to removal from federal service.
The Douglas Factors explained, the keys to a discipline case - Ivancie Law The nature and seriousness of the offense, and its relationship to the employee's . How the factors will be applied in your disciplinary case depends on the specifics of your case. If you follow this guide, and focus on the factors that support your position, and provide credible evidence in support of your points, you will have gone a long way towards lowering the amountdiscipline you will receive. You should not list a factor unless it is relevant. However, the principle of "like penalties for like offenses" does not require perfect consistency.
EAP can be reached by calling 1-800-XXX-XXXX. Explanation, if relevant:
(10) Potential for the employee's rehabilitation.Relevant? posted June 9, 2003. The Douglas factors are also referred to as mitigating factors. It reduces maximum penalties for offenses like murders and other homicides; armed armed home invasion burglaries; armed armed carjackings, as I mentioned; armed robberies; unlawful gun . One way to sway this factor in favor of an employee is to be contrite apologetic and to admit the misconduct you engaged in. Many agencies have tables of penalties and offenses that list common offenses and their typical discipline ranges. For instance, did the employee have access to the table of penalties? COPYRIGHT 2023. You will be notified in writing of the final decision. 1349(b) requires a suspension of not less than one month for the use of a Government vehicle for other than an official purpose, and the appellants actions were closely analogous, it would be inappropriate for the Board to scrutinize whether the agencys penalty of a 30-day suspension was warranted). For more information, visit WrightUSA.com. Acknowledgement of Receipt:
______________________________ __________________
(Employee's Name) (Date)
Sample:
If employee fails or refuses to sign the acknowledgement:
Sample:
I certify that I handed this proposed action to (Employees Name) on (Date). This guide has beenprepared by an attorney with extensive experience practicing before the MSPB, both as a representative of federal agencies, and as a representative of federal employees. stream
However, the seriousness of the offense and an evaluation of other Douglas Factors may outweigh an employee's positive work record. However, a thorough investigation and evaluation may lead to a determination that the misconduct was not substantially similar. On (DATE), you were scheduled to report to work at (TIME). Internal Control Evaluation, page 21 . A federal agency's table of penalties is typically a table with lists of individual offenses and the ranges of possible penalties for such offenses. 527, 8 (2003); Zayer v. Department of Veterans Affairs, 90 M.S.P.R. Merit Systems Protection Board still follows today. If that clerk is thencaught stealing from another employee or scalping a few dollars off of each days transactions, that would clearly call in to question his ability to perform as a clerkgoing forward. xfg! MSPB decision. Can an employee take responsibility, correct their behavior and come back to the job? 0
Douglas Factors - Postal Reporter 72 0 obj
<>stream
Such cases call into question an employees ability to perform their specific job duties with integrity. @b o $&F Sq70 #
Managers must apply penalties that are similar to those imposed in like cases. Usually, the root cause of different treatment in terms of disciplinary penalties tends to be favoritism by the Agency between different federal employees. The range of penalties described in the Table is intended to serve as a guide to discipline, not a rigid standard, and deviations are allowable for a variety of reasons. For instance, if an employee has committed misconduct but fully discloses his or her actions prior to an investigator finding out about the misconduct, this can be deemed to be a significant mitigating factor. Generally, this argument is used by a federal employee to support a reduction in penalty based on their good record of service to their agency (e.g. endobj
Your job as an employee is to support your position as best as you possibly can. The site is secure.
PDF Table 1-1: Table of Penalties for Various Offenses - United States Army Relevant? 2012) (internal citations and punctuation omitted). 1999) (holding that the Board inherited mitigation authority in misconduct actions from the old Civil Service Commission). hb```f``2c`a`,c`@ r, ^Ma We have argued, in cases for federal employees, that a different penalty (i.e., other than the one proposed by an agency) is more than adequate in a certain case and still serve the same disciplinary purpose as a more steep penalty. See U.S. 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. The first Douglas Factor examines how the level of misconduct relates to an employees particular duties, as well as if the offense was committed intentionally. This Douglas factor tends to be a general mitigation factor that can incorporate many different types of arguments for mitigating a penalty.
Douglas Factor Mitigation for Federal Employees [;C;@){
:@H- - 3VLL
L.L.q^h8N),H3q30 (
The Douglas factors come from a seminal employment case titled,Douglas v. VeteransAdministration, 5 MSPR 280 (1981). It is important to support this Douglas factor with significant documentary evidence (e.g., copies of performance records, letters of commendation, positive letters about performance by supervisors or members of the public, cash or performance awards, declarations or affidavits of supervisors). This Factor takes mitigating circumstances into account. Once you have a few key factors you should try to collect any supporting evidence that may be helpful, like doctors notes, proof of counseling sessions, etc. 2278 0 obj
<>stream
It is a widely accepted principle that the penalty must be appropriate to the offense and the minimum that will correct the behavior. An overlooked factabout the cost of hiring an attorney is that they can actually save you money. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 15 0 R 16 0 R 17 0 R 18 0 R 19 0 R 20 0 R 21 0 R 22 0 R 23 0 R 24 0 R 25 0 R 26 0 R 27 0 R 28 0 R 34 0 R 35 0 R 36 0 R] /MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>>