table of penalties douglas factors

Additionally, the Board cannot review the reasonableness of a penalty that is set by law. Specification #2. If you are low level employee with no supervisory functions this factor should have some mitigating value. If an offense results in a loss of trust or an employee isnt willing to be accountable for their actions, managers may not be willing to take the chance. If you are looking for a representative, note that we are not taking on any cases at this time. That translates into harsher penalties for repeat offenders. 2 0 obj Opinions expressed in this article are for informational purposes only and do not constitute legal advice. Your absence was not approved by your supervisor. Yes___ No____If the particular offense at issue is not in the guide, you should review the guide for similar, related offenses. Do they have a positive track record? 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. ELLU attorneys assist managers and human resource personnel in analyzing misconduct andconsideringappropriate discipline and adverse actions, in reviewing related proposals and decision letters, and defending the agency in appeals challenging adverse actions. Factor 3: The employees past disciplinary record. The Douglas factors are probably the most important factor in determining the outcome ofany federal employees discipline case. If this is impractical to do, use Sample 2. Explanation, if relevant: (2) The employee's job level and type of employment, including supervisory or fiduciary role, contacts with the public, and prominence of the position. The first factor looks at the severity of the misconduct and how itrelates to the position the employee has. Factor: Consistency with table of penalties 2. Sample: Specification #1. Factor 7: Consistency of the penalty with any applicable agency table of penalties. Internal Control Evaluation, page 21 . If a mitigation argument does not fit under the other 11 Douglas factors, it can, in most instances, be argued here. If you are a unionized employee, typically someone in your bargaining unit will help you argue your case to management at your oral reply. Those in positions of higher levels of trust and authority, such as supervisors, are held to a greater level of accountability than those in non-supervisory positions. 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. <> They likely held the same job you holdat some point in the past. The reason(s) for this action is (are) specified below. generadores de diesel precios generadores de diesel precios Home Realizacje i porady Bez kategorii generadores de diesel precios 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. Merit Systems Protection Board, Why Federal Employees Have the Right to a Hearing, Implementing or Challenging Initial Decisions, Agency Officials Substantive and Procedural Errors and How to Fix Them. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. The rules for determining the penalty, and the ability of MSPB to review that penalty, depend on the statute being used by the agency to authorize the adverse action. Management has likely even required you to review the table and sign a form asserting your knowledge of it. 5'@ (Vl]\W[w:R`u>l/;EVj@n~: `;)v O Qf$CA| )cPp0cP?l1#`:}6X93q/r@ Oc2H))!Y6I $ (P 4.Charge: (Alleged misconduct - the reason the action is being proposed) Samples: Charge: Unauthorized Absence(Number of offense if applicable) or Charge: Unauthorized Absence Third Offense 5.Specification(s): The facts and evidence that establish the misconduct charged took place. 2012) (internal citations and punctuation omitted). 10.Right to Reply Paragraph: Sample: This notice is a proposal and not a decision. This Factor takes mitigating circumstances into account. Explanation, if relevant: (3) The employee's past disciplinary record.Relevant? Yes___ No____In evaluating the seriousness of the misconduct, an offense is more severe if it was intentional rather than inadvertent and if it was frequently repeated rather than being an isolated incident. The Douglas factors see 5 MSPR 20 191 provide an adequate and useful . 280 (1981) These factors are used to explain why the penalty was chosen. In 1981, the Douglas vs. Veterans Administration (5 MSPR 280) case laid out 12 criteria now known as the Douglas Factors that the U.S. 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. An overlooked factabout the cost of hiring an attorney is that they can actually save you money. 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. 2011); Stone v. Federal Deposit Insurance Corporation, 179 F.3d 1368, 1377 (Fed. The FAA's Table of Penalties recognizes the use of dissimilar offenses in prior discipline in determining the penalty. When these expectations are not met as a result of an employee's misconduct, the reputation of the Agency may be tarnished. 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. Sample: Your unauthorized absence(s) violates (Name of Agency) policy (Identify by name, number and date) specifically Section (Number) at Page (Number) which states: (Extract the language of the policy). 1 What every federal employee facing discipline should be familiar with: The Douglas Factors. After waiting at least 30 days from the issuance of the proposal notice, a deciding official will issue a decision letter either sustaining the charges and penalty, or reducing the penalty. Consistency of the penalty with any applicable agency table of penalties; (8) The notoriety of the offense or its impact upon the reputation . Conclusions and vague statements do not hold much weight with third parties. For instance, did the employee have access to the table of penalties? Can an employee take responsibility, correct their behavior and come back to the job? { v v _ lv lv lv Y Y S{ d lv lv lv 9w 9w 9w 9w d= BB 1 BB Proposed Disciplinary/Adverse Action Worksheet 1.DATE: (OF PROPOSAL MEMORANDUM) TO: (NAME), (POSITION) FROM: (NAME), (ORGANIZATIONAL TITLE) Must be signed by Proposing Official2.SUBJECT: Notice of Proposed (SUSPENSION OF (#) DAYS, CHANGE TO LOWER GRADE, REMOVAL)3.Paragraph Purpose of the Memorandum Sample: This is notice that I propose that you be (suspended for XX days, changed to lower grade, removed from your position and from Federal service) no earlier than 30 days from your receipt of this notice. You may make arrangements for an oral reply by contacting (Deciding Official's Name) at (Deciding Official's Telephone). These factors are the following: 1. The result will turn on the specifics of your case and the procedural posture as well. Another example would be an employee who holds a position as a clerk where they regularly handle money deposited by the public and are responsible for balancing small accounts. Your absence delayed the submission of (Specify) report which was due on the date you failed to report to work. These 12 factors play a key role in the outcome of federal employee discipline cases. Your unauthorized absence required other employees to be responsible for accomplishing your work on the days you were absence. 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. Reviewing thesetwelve factors in a vacuum is not useful to you as an employee, or tomanagers who are trying to make a decision about a specific disciplinarycase. In the case of Douglas vs. Veterans Administration, 5 MSPR 280 (1981), the . 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. 4 Archuleta v. Hopper, 786 F.3d 1340, 1352 (Fed. This means that when evaluating the seriousness of an offense, a manager must consider whether the misconduct was intentional, inadvertent or the result of negligence. Our DC-Metropolitan Based Law Firm Specializes in Employment, Security Clearance, and Retirement Law. This material will be made available for review to you and/or your designated representative by contacting the (NAME & PHONE of POC) to arrange a mutually convenient time. How the factors will be applied in your disciplinary case depends on the specifics of your case. 2015). 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. Factor 4: The employees past work record, including length of service, performance on the job, ability to get along with fellow workers, and dependability. These factors are used to argue that disciplinary charges for federal employees, even if true, should still result in a lower penalty than the one proposed. Employees who can appeal an adverse action to the Board have constitutional due process rights. The notoriety of the offense or its impact upon the reputation of the agency; . Let me give you an example. 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. However, despite the importance of these criteria, many employees arent familiar with them. For the employee, how you articulate and present the facts of yourcase greatly affect how management applies the Douglas Factors. 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. EAP can be reached by calling 1-800-XXX-XXXX. Private sector cases are drastically different. The fifth Factor relates to an employees ability to do their job relative to the specific offense committed. At Berry & Berry, PLLC, our attorneys represent federal employees in various types of federal agency disciplinary and adverse actions. [;C;@){ :@H- - 3VLL L.L.q^h8N),H3q30 ( affidavits, performance ratings, SF-50s, letters of commendation) for the record.