In many cases, a Notice of Proposed Removal leading to a Removal Notification should be challenged by a federal government employee. A successful challenge can lead to, among other things, reinstatement and monetary damages.
We suggest, if you have not, yet, responded to the Notice of Proposed Removal that you contact your legal counsel at your union or you contact a proactive lawyer immediately. In many cases, these issues can be resolved without the need to challenge the Notice of Removal via an adversarial process at the Merit System Protection Board or Equal Employment Opportunity Commission. However, if you have received a notification from your government agency that it has removed you from government service you should, immediately, consider whether you should challenge the government removal action.
Determining if your Employment Removal Appeal Should be Challenged to the MSPB or EEOC
The following steps should be taken, immediately, upon removal.
- Obtain your complete employment record from your government agency. This employment record should contain your updated SF-50 and all appraisals;
- Receive a copy of all documents that were utilized in the determination leading to the Notice of Proposed Removal and Notice of Removal. The list, is normally, detailed on the Notice of Proposed Removal;
- Obtain all documents, emails, text messages that you believe may assist in defending against the removal from federal government service;
- Make a list of all witnesses with contact details that you believe may be useful in assisting in defending against your removal from government service;
- Draft a comprehensive timeline of events leading to the Proposed Removal; then,
- Gather these documents and discuss the matter with an attorney that provides a free consultation. In many cases, attorneys shall, happily, discuss the matter with you and in many cases can determine if the case is a case that justifies filing the case to the MSPB, EEOC or other government agencies or to court.
Some attorneys, like this you, offers a free initial consultation for prospective clients. I suggest sending the following information, noted above, to my attention after Scheduling a Call with Sean Hayes. You confirmation email shall provide an email address that you may send the documents to. Please act quickly. The timeline noted in your Notice of Removal may not be extended.
- Due Process Rights of Federal Employees in Employment Matters: MSPB Basics
- Filing an Appeal to the MSPB
- MSPB, EEOC & Negotiated Grievance Procedures Complaints: Federal Government Employment Law Basics
- How Long Does an Appeal to the MSPB Take: MSPB’s 120-Day Standard
- So you Want to Sue the New York Government? Act quick. Statute of Limitations/Notification Claims in New York
- Federal Government Considering New Debt Collection Rules