Before a government agency can remove a non-probationary employee, it must issue a proposed removal letter. The employee has the opportunity to respond to the proposal. Then the employer will issue a decision letter.
Unfortunately, a lot can go wrong in this process. One of the most common issue arises when an employee responds to the proposal in a way that jeopardizes his or her case. The employee may be completely honest and transparent in the proposal response – but may unintentionally say something that could harm the case.
So what should federal employees who are facing a potential removal do?
Your Response Is Critically Important
Before you respond to your employer, remember that your employer may be looking for an excuse to issue a termination. In fact, your employer may use your own response against you.
Before you respond, it is advisable to speak to a federal employment law attorney. Your response is critically important and must be crafted in a way that deters management from going through the proposed termination. Your response should help you, not hurt you.
When To Call An Attorney
When should you contact an attorney? Ideally, as soon as you receive a proposal letter. Responding to the proposal without an attorney’s help could jeopardize your case and ultimately your employment.
If you wait to contact an attorney until after you receive the decision letter, it may be too late.
Working with an attorney who focuses exclusively on federal employment law is advisable, as these cases are highly complex and time sensitive.