[;C;@){ :@H- - 3VLL L.L.q^h8N),H3q30 ( Note: If the employee is in a bargaining unit, your Agency should have alternate language for these paragraphs. Federal agencies may attempt to base a proposed or final penalty based on an agencys table of penalties. Explanation, if relevant: (8) The notoriety of the offense or its impact upon the reputation of the agency. Postal Service, 634 F.3d 1274, 1279 (Fed. 64 0 obj <>/Filter/FlateDecode/ID[<3B0C3180ECE15C735B3288C81A6A54AE><030475FC020CB04DB606BDDC5C48A5E3>]/Index[49 24]/Info 48 0 R/Length 81/Prev 157377/Root 50 0 R/Size 73/Type/XRef/W[1 2 1]>>stream This has often been considered one of the most important Douglas factors by the MSPB. When looking for an attorney make sure they have experience handling federal-sector employment cases. Therefore, you should anticipate factors the deciding official may focus on and structure your presentation accordingly. After you have this list it should become pretty clear to you which Douglas Factors you want to focus on with management. If you can make a strong enough case the Administrative Judge (AJ) may modify or cancel the discipline in your case. PDF The Douglas Factors - Energy Douglas Factors matters vary from case to case and federal employees should consult with an attorney. @$0$6dd{8Q$AUzw43X!_>=+mi!d+iy+bn%'P Tj[Q9BoVbHBUL8c X>S[ bT@ `-' , 8Z7K2 (,B(AfZ 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. 280 (1981), the following factors may influence the decision as to whether any formal disciplinary action should be imposed at all, or whether such action might be less severe (mitigating) or more severe (aggravating) than the typical range shown in the Table of Offenses and Penalties. Greater or lesser penalties than suggested may be imposed as circumstances warrant, and based on a consideration of mitigating and aggravating factors. In theory, discipline should be both corrective and progressive. 280 (at 305-6), 1981 MSPB Lexis 886 (at *38-9). For the employee, how you articulate and present the facts of yourcase greatly affect how management applies the Douglas Factors. 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. If you are a unionized employee, typically someone in your bargaining unit will help you argue your case to management at your oral reply. 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. Generally, this argument is used by a federal employee to support a reduction in penalty based on their good record of service to their agency (e.g. One way to sway this factor in favor of an employee is to be contrite apologetic and to admit the misconduct you engaged in. 2011); Stone v. Federal Deposit Insurance Corporation, 179 F.3d 1368, 1376 (Fed. They likely held the same job you holdat some point in the past. You will be notified in writing of the final decision. If you are low level employee with no supervisory functions this factor should have some mitigating value. 10 Ward v. U.S. As instructed by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit), MSPB has no role in evaluating an agencys chosen penalty for a case proven under chapter 43 of title 5 (the chapter for demotions and removals based upon failure in a critical performance element).1, The Federal Circuit, interpreting decisions by the U.S. Supreme Court, has also held that, as a matter of due process, in actions taken under 5 U.S.C.