How does action taken promote the efficiency of the service? It is more often used to attempt to aggravate a disciplinary penalty. So, if your case was publicized or brought shame and negative attention to the agency you can expert a more severe penalty. If not, include delivery confirmation by the postal or delivery service. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. For example, where a federal employee has been placed in an unpaid suspension over the course of several months while an investigation was pending, we would argue that this should be considered as part of the penalty served so that the ultimate penalty issued should be reduced.
The Douglas Factors - United States Office of Personnel Management (Use sample 1). A final decision will not be made in this matter until your written and/or oral replies have been received and considered, or, if no reply is received, until after the time specified for the replies has passed. This means you should provide objective facts to support your arguments if you can. 0
If the offense is related to duties that are at the heart of an employees position, penalties may be more severe. Do you need a table of penalties in OPM? Conversely, aggravating factors are those that suggest the discipline be sustained or even increased. The factors may mitigate or aggravate (1) The nature and seriousness of the offense, and its relation to the employee's duties, position, and responsibilities, including whether the offense was intentional or technical or inadvertent, or was committed maliciously or for gain, or was frequently repeated.Relevant? If you wish to explore legal representation, please call our office or use this form to inquire about our consultation process. Not only the first, this is also the most important Douglas Factor, as the MSPB has directly statedthatthe most significant Douglas factor is the nature and seriousness of the misconduct and its relation to the employees duties, position, and responsibilities, including whether the offense was intentional or was frequently repeated. Luciano v. Department of the Treaswy, 88 MSPR 335 (MSPB 2001).
PDF Committee on Oversight and Government Reform U.S. House of Berry & Berry, PLLCrepresents federal employees in these types of federal employment matters and can be contacted at (703) 668-0070 or www.berrylegal.com to arrange for an initial consultation regarding Douglas factor and other federal employment issues. generadores de diesel precios generadores de diesel precios Home Realizacje i porady Bez kategorii generadores de diesel precios If the proposal in your case is grossly above the range suggested in the table it is imperative that you point this to management. To some extent, this is a subjective question. Some federal employees have successfully argued for mitigation where stress or an anxiety condition contributed to the disciplinary misconduct issues. accruing multiple instances of discipline can lead you on the fast track to removal from federal service. hmo0 U6S!)Mh~wP`B|)ZAp!= xCKno:Phj-bXJbAw,,M]KO2]fka8c iGusuOIt XG.2o*XYa&5'0>lw,Utr;(}s]6rqGp_g5>G7eucOL_>& 2 It cannot be doubted, and no one disputes, that the Civil Service Commission was vested with and exercised authority to mitigate penalties imposed by employing agencies. consistency of the penalty with any applicable agency table of penalties; (8) the notoriety of the offense or its impact upon the . A big question managers have to ask themselves is: after the misconduct that has occurred can I confidently bring the employee back? Explanation, if relevant:
(12) The adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others.Relevant? 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? Other times, when there are medical issues related to the offense we can use this argument to attempt to mitigate the proposed penalty. 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. Relevant? Misconduct is also considered more severe if it is done maliciously or for personal gain. If they are a manager or in a position of great trust any transgression is likely to be viewed more harshly. This factor deserves some detailed explanation since it is one of the less self-apparentof the factors. Ability to perform, and supervisory confidence, Consistency of the penalty with other cases, Consistency of the penalty with agencys table of penalties and offenses, Adequacy and effectiveness of alternative sanctions, Applying the Douglas Factorsto your case. The argument for mitigation here is that the federal employee continued to work in their normal position while the investigation was ongoing. -Guide to discrimination law and the EEOC, -Federalemployee's guide discipline cases and the MSPB, -What every federal employee should know - The Douglas Factors. Managers should also take into account past service in the armed forces or other government employment, as well as positive reviews from past supervisors or co-workers. Cir. What if I already had anoral reply and theyve issued a decision and misapplied the Douglas Factors? Cir. Cir. In particular, the lack of clarity argument refers to the rules governing the underlying allegations at issue. 280, 305-06 (1981). 7 Douglas v. Veterans Administration, 5 M.S.P.R. endstream
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What is effect of the misconduct charged?
PDF Chapter 4. Hud Table of Offenses and Penalties While each case is different, seeking alternatives may be useful. This Douglas factor generally refers to the connection between the seriousness of the allegation and the position that a federal employee holds. Yes___
No____How well informed an employee was of the rule that was violated is a factor that may have to be considered in determining the penalty. 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. Consistency of the penalty is shorthand for: is the action we are taking in your case the same or similar to other cases with similar facts. Explanation, if relevant:
(9) The clarity with which the employee was on notice of any rules that were violated in committing the offense, or had been warned about the conduct in question. Did management send out a memo clarifying rules? Private sector cases are drastically different. past performance). 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. A federal agencys table of penalties is typically a table with lists of individual offenses and the ranges of possible penalties for such offenses. The potential for an employees rehabilitation is an important Douglas factor for a federal employee, especially in cases of proposed removal. For instance, a law enforcement officer who is convicted of breaking laws may result in harsher penalties than, say, an employee who accidentally nods off while on a night shift. For example, an allegation of dishonesty would be treated .
PDF The Douglas Factors Starr Wright USA is an insurance agency specializing in insurance solutions for federal employees and federal contractors. 280 (1981). These factors are: The nature and seriousness of the offense and its relation to the employee's duties, position and responsibilities, including whether the offense was intentional or technical or inadvertent, or was committed maliciously or for gain, or was frequently repeated. Factor 7: "Consistency of the penalty with any applicable agency table of penalties" . endobj
While some federal agencies attempt to use this Douglas factor in an effort to attempt to increase a federal employees disciplinary penalty, we have found that this factor is extremely helpful for purposes of a reduction in the employees penalty. This Douglas factor is one of the most often used arguments our firm uses in support of mitigation of a disciplinary penalty. Factor 5: The effect of the offense upon the employees ability to perform at a satisfactory level and its effect upon supervisors confidence in the employees ability to perform assigned duties. 13.Receipt Certification:
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Please sign the acknowledgement of receipt below. 10.Right to Reply Paragraph:
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This notice is a proposal and not a decision. The Douglas factors are: (1) The nature and seriousness of the offense, and its relation to the employee's duties, position, and responsibilities, including whether the offense was intentional or technical or inadvertent, or was committed maliciously or for gain, or was frequently repeated; . These terms are used commonly in Douglas Factors application. Negligent or accidental incidents will be viewed more favorably than intentional acts. Non-SES probationary employees generally cannot appeal an adverse action to the MSPB except in very narrow circumstances. Discipline can range from letters of reprimand to short suspensions. A deciding official must consider specific factors in determining the reasonableness of the penalty. A competent attorney canhelp you lower your discipline at the early stages of process all together avoiding the expense of litigating your case later. 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. 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. That is why its important to use these factors to analyze the facts of each individualcasewhere the rubber hits the road. Generally, however, this Douglas factor is argued for the purposes of arguing for a less severe penalty. As a result, it is very important for a federal employee to argue all applicable Douglas factors, and provide documentary evidence (e.g. Factor 9: The clarity with which the employee was on notice of any rules that were violated in committing the offense, or had been warned about the conduct in question. For this Douglas factor there are a number of ways in which to argue that a reduced penalty would serve the same purpose as something more serious (e.g. For example, in this type of case we would argue that you cannot issue a light penalty (e.g., 7-day suspension) for one federal employee and propose a 60-day suspension for another employee where the nature of the alleged conduct is so similar. It is a widely accepted principle that the penalty must be appropriate to the offense and the minimum that will correct the behavior. . The argument in this type of case would be that the Agency has not truly lost confidence in the federal employees ability to perform their duties.
Douglas Factors for Federal Employees - berrylegal Whether you use two charges in this case will depend upon the evidence available. Regardless, try to avoid getting into an argument with management over factors. -What kind of recovery can I get in my discrimination case? The right to answer orally does not include the right to a formal hearing with examination of witnesses. The notoriety of the offense or its impact upon the reputation of the Agency; 9 .
Douglas Factors - Postal Reporter In every discipline case there are going to be facts that likely hit on a specific Douglas Factor and really cut against the employee. A manager is much more likely to mitigate the discipline of an employee who admits wrongdoing but is honest and apologetic then they will foran employee who tries to deny misconduct and appears dishonest or unapologetic. We are all human, we all make mistakes, how you handle those mistakes speaks volumes about your character. If you are low level employee with no supervisory functions this factor should have some mitigating value. This factor looks to the status of the employee. Factor: Consistency with table of penalties 2. Cir. If you are looking for a representative, note that we are not taking on any cases at this time. If youre facing a 30 day suspension and an attorney helps you get it lowered to 15 days, they have essentially just saved you two weeks of your pay. stream
The Douglas Factors (wiki) are comprised of 12 different points of analysis which a federal manager must consider when they act as a deciding official in a discipline case. Federal agencies may take disciplinary action against employees who engage in misconduct. The Douglas factors are probably the most important factor in determining the outcome ofany federal employees discipline case. The Douglas factors originate from the case of Douglas v. VA, 5 MSPR 280, 5 MSPB 313 (1981). If you have been disciplined before you will face harsher discipline going forward. Yes___
No____Potential for rehabilitation can be both a major aggravating and mitigating factor. Loss of supervisory confidence as a Douglas factor is typically used by Federal agencies in serious disciplinary / adverse actions to issue a more serious disciplinary penalty.
Douglas Factor Mitigation for Federal Employees However, if you properly argue this factor it can go a long way towards helping your case. 3 0 obj
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If you need assistance in dealing with any personal matters, the Employee Assistance Program (EAP) is available to provide confidential counseling services. Relevant? One of the basic tenets of the administration of "just cause" is the even-handed application of discipline. Do they have a positive track record? We often use this Douglas factor to illustrate personality conflicts in issuing proposed discipline by the proposing official or harassment by others in the workplace which led to the proposed discipline against a federal employee. Berry & Berry PLLC. A supervisor cannot just say it; he/she has to prove it. Many agencies have tables of penalties and offenses that list common offenses and their typical discipline ranges. Douglas Factors matters vary from case to case and federal employees should consult with an attorney. Agency's table of penalties recognizes this severity in establishing ranges of penalties for
DOC Proposed Disciplinary/Adverse Action Worksheet - FedSmith.com