As a Federal Employee, subject to some unique exceptions, you are afforded the opportunity to respond to, fight, challenge, question, and request the Agency rescind your supervisor’s decision to remove you for unacceptable performance or for cause.  These rights are invaluable, especially if you are no longer able to do your job due to a medical disease or illness.

Federal Employees have the right to receive written charges of their alleged substandard performance. Specifically, 5 USCA § 4304(b)(1)(A) provides that an employee is entitled to 30 days’ advance written notice of the proposed action. Furthermore, the specific instances of unacceptable performance must be stated in the Notice of Proposed Removal.  Also, the Agency must state the critical elements of the job that are not being satisfactorily met.

Of critical importance, and a right many in the private sector wish they had, is that a federal employee has the right to respond the Notice of Proposed Removal, orally and in writing.

Also, 5 USCA § 4304(b)(1)(B) provides the employee with the right to be represented by an attorney throughout the course of any removal proceeding for unacceptable performance or for cause. 

From a disability perspective, the ability to respond to the agency and provide the agency with medical documentation is sometimes critical to the success of your federal disability retirement application. Securing the cooperation of your Agency may be the key to winning disability retirement.  Do not let this opportunity pass you by. If you or someone you know is involved in removal proceedings with a federal government agency, please contact me to discuss your options.

Peter Casciano, Esq., (240) 240-2872, peter@cascianolawgroup.com