Protecting Federal Workers In Performance-Based Discipline
When management views an employee as a problem or a threat, that employee may be unfairly targeted for disciplinary action on the basis of “performance issues.” Model employees who have previously received good reviews and promotions suddenly find themselves facing termination, demotion, suspension or other adverse employment action.
The Devadoss Law Firm, P.L.L.C., represents federal employees in all proceedings relating to discipline or removal. We assert your due process rights through the Merit Systems Protection Board (MSPB) and work diligently and aggressively to avoid punitive measures that would damage or end your career. With offices in Dallas, Washington, DC, and Atlanta, we are able to advocate for federal government employees throughout the United States.
Striking Back Against Allegations Of Poor Performance
After years of service and positive reviews, a federal employee suddenly faces disciplinary sanctions. What changed? In many cases, the employee has reported abuses as a whistleblower, complained of harassment or discrimination, or corroborated a co-worker’s claim against the agency. Management then fabricates performance issues as a prelude to formal discipline and eventual termination.
The MSPB dictates that employees who have fallen below performance expectations must be afforded an opportunity to demonstrate performance (ODP). The supervisor or manager will draft a performance improvement plan (PIP) that outlines what specific things the employee must do to bring his or her performance up to par.
If you are told by a superior that your performance is lacking, and especially if you are presented with a performance improvement plan, you should be very suspicious and cautious. It is in your best interests to talk to a lawyer. A PIP usually indicates that management is already maneuvering to take adverse action, and the PIP is designed not to raise your performance but to document your “failure.”
Holding Federal Employers Accountable In Disciplinary Procedures
Principal attorney Bobby Devadoss exclusively represents federal employees in employment and labor matters. He has extensive experience in MSPB proceedings, including a formal response to proposed disciplinary action and representation in appeals of adverse performance actions.
We will file a formal complaint to ensure that management is held to the highest standard. A performance improvement plan must meet specific appraisal criteria under the federal Reform Act. We make sure that the agency has communicated specific deficiencies that we can address or refute, given sufficient notice under the law and afforded our client a true opportunity to demonstrate acceptable performance.
At The Devadoss Law Firm, P.L.L.C., we understand that your career and your personal life hang in the balance. We will not let you be railroaded on trumped-up charges of “unacceptable performance.” Our experienced trial lawyer is prepared to fight for you in hearings, mediation, arbitration or appeals of a decision to terminate you or reduce your grade.
We represent federal government employees nationwide. Please contact our firm today to discuss your situation and how we can help.