table of penalties douglas factors
Every case is different, so sometimes factors that really stand out in one case, have little to no significance in another. DOC Proposed Disciplinary/Adverse Action Worksheet - FedSmith.com Your absence delayed the submission of (Specify) report which was due on the date you failed to report to work. The use of a federal employees past disciplinary record is one of the more commonly cited Douglas factors. If, for example, management had sent a memo to all employees explaining the rules and potential discipline for the personal use ofoffice supplies and then two weeks later your took three reams of paper and a stapler home with you, management would have a strong argument that you were on notice and still engaged in the misconduct. Do not deny the existence of bad facts. The Douglas Factors . If you want you can download and read the fullDouglas v. V.A. Cir. That translates into harsher penalties for repeat offenders. 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. removal). You and your representative, if an agency employee, will be allowed a reasonable amount of official time to assist you in your reply, to review the material relied upon to support the reason for the proposed action, and to prepare and present your written and/or oral reply. Yes___ No____The analysis of this factor involves much more than a supervisor's statement that he/she has lost confidence in the employee. Relevant? PDF NASA DESK GUIDE FOR TABLE OF DISCIPLINARY OFFENSES AND PENALTIES Version 3 Starr Wright USA a marketing name for Starr Wright Insurance Agency, Inc. and its affiliate(s). Conclusions and vague statements do not hold much weight with third parties. If you can make a strong enough case the Administrative Judge (AJ) may modify or cancel the discipline in your case. The notoriety of the offense or its impact upon the reputation of the Agency; 9 . 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. So, if they have been convicted of violating the law, say stealing, this factor will likely cut against them and lead to a more severe 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). Obtain insurance protection for your career today. the adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others. 280 (1981). Factor: Notoriety and impact 3. affidavits, performance ratings, SF-50s, letters of commendation) for the record. -Guide to discrimination law and the EEOC, -Federalemployee's guide discipline cases and the MSPB, -What every federal employee should know - The Douglas Factors. Your job as an employee is to support your position as best as you possibly can. 2011); Stone v. Federal Deposit Insurance Corporation, 179 F.3d 1368, 1377 (Fed. Typically, this factor is used by an agency to support an increase in the proposed disciplinary penalty. Note: If the employee is in a bargaining unit, your Agency should have alternate language for these paragraphs. Specific evidence/testimony as to why an employee can no longer be trusted is critical. A well presented reply to theproposed discipline can lead to substantial mitigation. Visit WrightUSA.com to start your policy! 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. unless application of the Douglas factors supports a penalty outside that range or if a statutory penalty applies such as willful misuse of a Government vehicle. If an employee is unwilling to even take responsibility for their actions, how can a manager be confident they will be rehabilitated after they are disciplined? Your unauthorized absence cannot be tolerated because Agency supervisors, managers must be able to plan your work and rely on you to be available. The nature and seriousness of the offense, and its relation to the employees 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; the employees job level and type of employment, including supervisory or fiduciary role, contacts with the public, and prominence of the position; the employees past work record, including length of service, performance on the job, ability to get along with fellow workers, and dependability; the effect of the offense upon the employees ability to perform at a satisfactory level and its effect upon supervisors confidence in the employees work ability to perform assigned duties; consistency of the penalty with those imposed upon other employees for the same or similar offenses; consistency of the penalty with any applicable agency table of penalties; the notoriety of the offense or its impact upon the reputation of the agency; 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; the potential for the employees rehabilitation; mitigating circumstances surrounding the offense such as unusual job tensions, personality problems, mental impairment, harassment, or bad faith, malice or provocation on the part of others involved in the matter; and. Douglas Factors matters vary from case to case and federal employees should consult with an attorney. Weigh Douglas Factors in disciplinary cases - Ask The Lawyer endstream endobj 50 0 obj <> endobj 51 0 obj <> endobj 52 0 obj <>stream This is because it puts you on notice of the penalties which is factor #9, below. B !p$p$p$pV0.Au KW !%K i%H+AZ JV i%H+AZ JV,`{%+^ JW`{%+^ JW`{%+xX`{%+^ JW9 8p8?0g# Managers must take an employees propensity for rehabilitation into account. . (See Attachment 1 -Your statement of (DATE) and Attachment 2- Statement of your immediate supervisor of (DATE)). 2 0 obj Take factor #4 for example, past work record, if you can get colleagues, supervisors, etc. We argue this factor, in most cases, to attempt to reduce a proposed removal to a lower form of disciplinary action. You wont know unless you make it a point of conversation, but in many instances its worth the effort to approach management with creative alternatives, since there is very little downside. This Douglas factor is important and we use this argument in our representation of federal employees. The Douglas Factors The Merit Systems Protection Board in its landmark decision, Douglas vs. Veterans Administration, 5 MSPR 280, established criteria that supervisors must consider in . 8.Douglas Factor Analysis. For instance, if the federal employee at issue has worked for the federal agency involved for 30 years, and has never received prior discipline during that time this can be used to attempt to reduce the proposed discipline. Explanation, if relevant: 9.Employee Assistance Program Paragraph: All Federal Agencies have EAP programs. Information provided is for educational purposes only, please consult with a licensed attorney before taking any action. Similar offenses can be used to guide penalty selection. Performance-Based Actions under Chapters 43 and 75 of Title 5 - Similarities and Differences, Different Types of Adverse Actions Use Different Rules, Legal Sources for the Right to Notice and a Meaningful Opportunity to Reply, Decision-Maker Must Listen and Have Power to Decide, Connecting the Job and the Offense ("Nexus"), Labels are Not Required, but if Used They Must be Proven, How Employees Become Similarly Situated for Purposes of an Adverse Action Penalty, Avoid Facilitating Prohibited Personnel Practices (PPPs), Agency Officials' Substantive and Procedural Errors and How to Fix Them, Identifying Probationers and Their Rights, The Limited Powers of the U.S. If intentional, malicious misconduct, repeated offenses, or misconduct undertaken for personal gain may incur harsher penalties. While each case is different, seeking alternatives may be useful. Determine an experienced a table of penalties douglas factors and ends with childishness rather than intentional or reasons, agencies should not have successfully. WA Factor 1: The nature and seriousness of the offense, and its relation to the employees 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. ?Y9"0t@_, l 3bNC+ sj2 *+2UjBu^sW6\ r Factor 7: "Consistency of the penalty with any applicable agency table of penalties" . Additionally, you have the right to pick a representative of your choosing should you not have union assistance available to you, or you wish to hire a different a representative. %%EOF 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. It is important that you really highlightthefactors that are in your favor. PDF Nasa Desk Guide for Table of Disciplinary Offenses and Penalties You need to look at the specifics of your case in light of the twelve factors. The FAA's Table of Penalties recognizes the use of dissimilar offenses in prior discipline in determining the penalty. Sometimes management may misapply factors, or misconstrue them. ______________________________ __________________ (Name) (Date) Sample: If employee cannot be reached personally at the time of the proposal: I certify that I sent this proposed action to (Employees Name and address) on (Date) by both certified and express mail. Cir. Factor 12: The adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others. We have also seen federal agencies use this Douglas factor to aggravate disciplinary penalties where other agencies (federal, state, local) have become aware of a federal employees misconduct, arguing that the employees actions have caused the federal agencys reputation to somehow become tarnished. Sample 1: I have attached the material relied on to support this proposed removal. past performance). The consistency of the penalty with any applicable agency table of penalties; 8. to write lettersfor you that attest to your diligence and good behavior at work, that will help tilt that factor in favor of mitigation. 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. You neither came to work nor did you call in your absence. As a result, it is very important for a federal employee to argue all applicable Douglas factors, and provide documentary evidence (e.g. By contrast, the Douglas Factors are well known by managers becausethey have to reference and articulate how those factors interplay with the specifics of every disciplinarycase they preside over. The Douglas factors are critical for federal employees facing a pending disciplinary action or for those at the MSPB on appeal. 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. % Contact your employee relations advisor to get the information to fill in the blanks. If employees have access to regulations surrounding an offense, managers have a stronger case for imposing discipline when those rules are broken. 4 Archuleta v. Hopper, 786 F.3d 1340, 1352 (Fed. Factor 6: Consistency of the penalty with those imposed upon other employees for the same or similar offenses. More significant discipline is referred to as an adverse action, which entails suspensions of more than 14 days, reductions in grade or pay, furloughs of 30 days or less, or removals. Management has likely even required you to review the table and sign a form asserting your knowledge of it. . For instance, if a mental health issue or addiction caused problems on the job but the employee has since sought out effective treatment that may be an acceptable alternative. 502, 508 (1994) (holding that because 31 U.S.C. See Douglas v. Veterans Administration, 5 M.S.P.R. However, a thorough investigation and evaluation may lead to a determination that the misconduct was not substantially similar. %PDF-1.6 % The Douglas Factors: What You Need to Know - Medium What every federal employee facing discipline should be familiar with: The Douglas Factors. 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. A deciding official must consider specific factors in determining the reasonableness of the penalty.
