table of penalties douglas factors

Yes___ No____Potential for rehabilitation can be both a major aggravating and mitigating factor. See U.S. Go through each Douglas Factorand try to write down points that arein your favor and points that are not in your favor for each one. Yes___ No____This factor is one of the more technically difficult to apply. Don't force misconduct into a listed offense unless it accurately fits. Certain qualifying cmployees are entitled to challenge an adverse action to the Merit Systems Protection Board (MSPB). This is because it puts you on notice of the penalties which is factor #9, below. 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. Your absence delayed the submission of (Specify) report which was due on the date you failed to report to work. This article covers the Douglas Factors. Conclusions and vague statements do not hold much weight with third parties. The fourth Douglas Factor requires managers to take an employees past performance into account. Suite 305 Factor: Employee's . Relevant? The Table of Penalties in the Departmental Manual (370 DM 752) provides a non-exhaustive list of types of misconduct for which the Agency can discipline employees. If you can present concrete and credible evidence of such mitigating factors, it will go a long way to helping your cause. 6.Further Charges and Specifications: Repeat above format 7.Efficiency of the Service Rationale Paragraph(s): This paragraph typically includes the answers to the following questions: What rule(s) was (were) violated? Hiring an experienced federal employment law attorney for your oral reply can pay for itself many times over. 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. consistency of the penalty with any applicable agency table of penalties; (8) the notoriety of the offense or its impact upon the . If you present evidence to management that you are enrolled in AA and also let managementknow you are willing to agree to provide evidence of your continued attendance or proof you are engaged in other counseling, management may find that satisfactory on its own. 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. This table should be available to you as an employee. Management must issue a notice of the proposed adverse action, setting forth the charged misconduct and the specifications supporting the charge. An employee with many years of exemplary service and numerous commendations may deserve to have his/her penalty mitigated. 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. past performance). A table of penalties is a non-exhaustive list of common infractions along with a suggested range of penalties for each infraction. If you wish to explore legal representation, please call our office or use this form to inquire about our consultation process. With responsibility comes greater obligation and scrutiny. Cir. Explanation, if relevant: (7) Consistency of the penalty with any applicable agency table of penalties. It is more often used to attempt to aggravate a disciplinary penalty. Take factor #4 for example, past work record, if you can get colleagues, supervisors, etc. 527, 8 (2003); Zayer v. Department of Veterans Affairs, 90 M.S.P.R. Generally, the ranges of penalties are fairly broad (e.g., Letter of Reprimand to Proposed Removal). 11.Representation Paragraph(s): Sample: You have the right to be represented by an attorney or any other individual of your choice provided such representation does not constitute a conflict or an apparent conflict of interest with your representatives duties. xfg! endstream endobj 50 0 obj <> endobj 51 0 obj <> endobj 52 0 obj <>stream Important things to consider for this factor are how long you have been employed by the federal government generally, and your agency specifically (if you were previously in the armed forces or worked for another civilian agency). The potential for an employees rehabilitation is an important Douglas factor for a federal employee, especially in cases of proposed removal. 5 Douglas v. Veterans Administration, 5 M.S.P.R. When a federal employee faces discipline for misconduct, those determining the penalty must consider certain criteria known as the Douglas Factors. If an employees misconduct generates publicity and negative attention to an agency or otherwise damages its reputation, expect a more severe penalty. Your unauthorized absence required other employees to be responsible for accomplishing your work on the days you were absence. endstream endobj startxref The ranges of penalties shown in the Table are those that are considered to be most typical for offenses of the nature indicated. 1999). Tables of Penalties are guidelines that work in conjunction with the criteria supervisors use to determine appropriate penalties for misconduct, called the Douglas Factors.1 They do not specify mandatory discipline.2 Tables of Penalties also do not apply to contractors, and each agency has discretion as to which employees the Table will apply. (Use sample 1). Lets sayyou are facing a long suspension for showing up late to work for a long period of time because you are a recovering alcoholic and fell off the wagon for a few months. i^G0OB 0_1_hF>hF>hFyhFyhH}1-|5Wc3[#o5[#o5C#<4C333c^4E#_|5W#_|5W#o5W#_|5qqE^ymF^ymF^ymF>{pC^ymF^ymu%+y]J^Wu%+y]J>WJ^W|k1JUU{N;:NwtDF"GQH D;KU#zY]Eq!,B!hdRt2)ZL@@@@@'EIKL.1bFL)]S)Y [ UX` -[ @n}[jr}Sr S=G @2@dfxj-BtAQ Deviation from the guide is allowed but going beyond or outside the penalty recommended in the table will be closely scrutinized. ^K[i>P+hvSbfpNK"ly(O$qUGI']}Oy"VF>arP,NHD'9Ets/'n[?e>?=}2~H8\pa^j[u})Uq,mE?}EUWY O\[!ehbL% Sy wmdbwE,\VEwZXjy-$DG>[xmb[9O+gwY.qGVP5r#0av#a.vv_cvqWrbeEnL)?:9!!49 @h=bk8;&j. What if I already had anoral reply and theyve issued a decision and misapplied the Douglas Factors? Once an employee has a disciplinary record, its harder to defend against new charges of misconduct and more difficult to argue that a mitigated penalty is deserved. % However, the seriousness of the offense and an evaluation of other Douglas Factors may outweigh an employee's positive work record. Offenses related to intoxicants. Specific evidence/testimony as to why an employee can no longer be trusted is critical. Generally, the ranges of penalties are fairly broad (e.g., Letter of Reprimand to Proposed Removal). Ultimately, managers are people too. If employees have access to regulations surrounding an offense, managers have a stronger case for imposing discipline when those rules are broken. Additionally, this factor looks at intent. What every federal employee facing discipline should be familiar with: The Douglas Factors. An employee with a significant disciplinary record most likely would have poor potential for rehabilitation. 1 0 obj 3 0 obj Document, document, document provide credible evidence, let it speak for itself, Handling bad facts, applying them to Douglas Factors. Heres what anyone who works for the federal government needs to know about the Douglas Factors. One way to sway this factor in favor of an employee is to be contrite apologetic and to admit the misconduct you engaged in. Your written reply and any evidence should be sent to the Deciding Official, (Deciding Official's Name), (Deciding Official's Title). 7 Douglas v. Veterans Administration, 5 M.S.P.R. You will be notified in writing of the final decision. 6 Norris v. Securities and Exchange Commission, 675 F.3d 1349, 1355 (Fed. to write lettersfor you that attest to your diligence and good behavior at work, that will help tilt that factor in favor of mitigation. In the case of Douglas vs. Veterans Administration, 5 MSPR 280 (1981), the . The right to answer orally does not include the right to a formal hearing with examination of witnesses. Generally, however, this Douglas factor is argued for the purposes of arguing for a less severe penalty. Yet surprisingly, most non-managerial federal employees have no knowledge of these important factors until they themselves are facing discipline. 280 (1981) These factors are used to explain why the penalty was chosen. Douglas Factors In Depth The Merit Systems Protection Board in its landmark decision, Douglas vs. Veterans Administration, 5 MSPR 280, established criteria that supervisors must consider in determining . Postal Service, 634 F.3d 1274, 1279 (Fed. See Douglas v. Veterans Administration, 5 M.S.P.R. If you are a federal employee facing discipline, this article can help you understand what factors your managers are contemplating as they make a decision on your case. Factor 2: The employees job level and type of employment, including supervisory or fiduciary role, contacts with the public, and prominence of the position. In these circumstances, appropriate analysis of this factor may result in considering a more severe penalty. This factor lends itself most to employees arguing for leniency in their case. If you list a factor you must explain why it is relevant. Essentially, this factor asks: was the offense committed one that calls in question the employees ability to continue performing his job? What is effect of the misconduct charged? Reprimand Removal 14 days Removal Removal Alcohol and Drug Related 23. The Douglas Factors include: 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. EachDouglas Factor can work for or against an employee depending on their specific case. See Douglas v. Veterans Administration, 5 M.S.P.R. So, if you do not conform your conductafter being disciplined the first time the penalty will be increased in hope that the misbehavior will cease as you respond to harsher discipline. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. This Douglas factor is important and we use this argument in our representation of federal employees. Starr Wright USA is the nations leading provider of FEPLI. At the MSPB, you, or an attorney you hire, will argue your case and present evidence related to the Douglas Factors analysis. Do you need a table of penalties in OPM? 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. Note that: accruing multiple instances of discipline can lead you on the fast track to removal from federal service. 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. Remember, there is only one absolute penalty, which can be given without a Douglas analysis - the 30-day suspension required under law for misuse of a government vehicle. Factor: Consistency with table of penalties 2. If they refuse, your only recourse may be arguing your adverse action before the Merit Systems Protection Board (MSPB). %PDF-1.5 And even if the circumstances surrounding the misconduct incident may be substantially similar, the penalty imposed may be different based upon an independent evaluation of the other Douglas Factors. Consistency of the penalty with any applicable agency table of penalties; (8) The notoriety of the offense or its impact upon the reputation . 2011); Stone v. Federal Deposit Insurance Corporation, 179 F.3d 1368, 1377 (Fed. * Douglas v. Veterans Administration, 5 M.S.P.R. We need to specifically state why there is erosion of supervisory confidence. An official website of the United States government. Greater or lesser penalties than suggested may be imposed as circumstances warrant, and based on a consideration of mitigating and aggravating factors. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 15 0 R 16 0 R 17 0 R 18 0 R 19 0 R 20 0 R 21 0 R 22 0 R 23 0 R 24 0 R 25 0 R 26 0 R 27 0 R 28 0 R 34 0 R 35 0 R 36 0 R] /MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 4 0 obj Spending the money upfront on representation at your oral-reply,could save you from spending thousands of dollars fighting your case at the Merit Systems Protection Board. the case of Douglas vs. Veterans Administration, 5 M.S.P.R. Yes___ No____Unusual job tensions, personality problems, mental impairment, harassment, or bad faith, malice, or provocation on the part of others involved in an incident are mitigating circumstances that should be reviewed. Consistency of the penalty with any table of penalties an agency may have . 2011); Stone v. Federal Deposit Insurance Corporation, 179 F.3d 1368, 1376 (Fed. Additionally, your coworkers have their own assignments. 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. Obtain insurance protection for your career today. (See Attachment 1 -Your statement of (DATE) and Attachment 2- Statement of your immediate supervisor of (DATE)). 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. In theory, discipline should be both corrective and progressive. Employees who can appeal an adverse action to the Board have constitutional due process rights. EAP can be reached by calling 1-800-XXX-XXXX. 502, 508 (1994) (holding that because 31 U.S.C. The FAA's Table of Penalties recognizes the use of dissimilar offenses in prior discipline in determining the penalty. However, an employee with no prior disciplinary record, good prior performance and job dedication would probably have good potential for rehabilitation. When these expectations are not met as a result of an employee's misconduct, the reputation of the Agency may be tarnished. This Quick Start Guide covers the following Key Points: 1. %PDF-1.5 % There are certain standards of behavior and conduct expected of employees by our external and internal customers. How the factors will be applied in your disciplinary case depends on the specifics of your case. Tables of Penalties are guidelines that work in conjunction with the criteria supervisors use to determine appropriate penalties for misconduct, called the Douglas Factors.1 They do not specify mandatory discipline.2 Tables of Penalties also do not apply to contractors, and each agency has discretion as to which employees the Table will apply.

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