Federal employee termination laws are in place to protect the rights of civil servants while also allowing the government to manage its workforce efficiently. As with any employer, the federal government can fire employees for subpar performance, company policy infractions, or disciplinary issues. However, special rules apply due to the unique nature of government work.
Because federal employees are not private sector workers, they’re afforded protection against arbitrary or politically-motivated firings—their jobs allow them to carry out public business without fear of reprisal. Extensive documentation and a review process are therefore required for proposed removals to prevent abuses of power within the civil service system.
Your employer must give you a 30-day notice and a chance to contest alleged misconduct before termination. You can appeal to the MSPB, get representation, possibly be reinstated with back pay, and file complaints with the OSC for employment law violations.
If you find yourself in this situation, reach out to a skilled federal employment attorney at The Law Office of Justin Schnitzer by calling 202-964-4878. We can provide guidance on your legal rights and explore the options available to you.
More on This Topic showYes, a federal employee can be fired. The process involves multiple steps designed to ensure fairness and due process, including counseling, a notice of proposed action, a right to respond, evaluation by a deciding official, notice of decision, an appeal period, and final action.
If you’re fired from a federal job, you will typically lose benefits like health insurance, and you may not qualify for unemployment benefits if dismissed for misconduct. Additionally, your professional reputation could suffer, limiting future job opportunities and the possibility of re-employment in the federal sector.
Because of the real consequences, it’s important to understand federal employee termination laws, know your rights, and get the legal support you need during the termination process.
Here are some of the key legal rights for fired federal employees and the respective laws or regulations that protect them:
Right to Due Process: Federal employees have certain due process rights outlined in the 5th Amendment, which protects against deprivation of life, liberty, or property without due process of law. These rights ensure employees are made aware of any issues with their performance through reviews and feedback so they have a chance to improve.
To satisfy due process, sufficient notice must be given to allow the employee time to review the evidence against them and prepare a defense.
Right to Respond: Employees can then respond both orally and in writing, usually through a meeting with an impartial official, to present their side before a final termination decision is made.
The response may involve submitting counter-evidence, witness statements, or legal arguments about why the conduct did not warrant removal.
Right to Appeal: Federal employees who are fired generally have the right to appeal the decision through the appropriate administrative process, such as the Merit Systems Protection Board (MSPB) or the agency’s internal appeals process. The procedures for appeals are outlined in 5 U.S.C. Chapter 77 and MSPB regulations.
Federal Anti-Discrimination Laws: Discrimination is also prohibited. Government agencies cannot terminate someone due to their race, sex, age, gender, religion, disability status, or other protected class. If discrimination is found to be a motivating factor, it can invalidate an otherwise legal removal and entitle the employee to back pay and reinstatement.
Whistleblower Protections: Employees are free to report wrongdoing through the proper channels without fear of reprisal, like blacklisting or termination. The Whistleblower Protection Act (WPA) is in place to prevent retaliation against employees who lawfully disclose government malpractice. It’s up to government agencies to prove any disciplinary action was not a pretext for whistleblowing.
The main types of termination for a federal employee include reduction in force or RIF, resignation or retirement, and removal for cause.
To fire an employee for cause requires proving the conduct or performance was egregious enough to warrant removal. Common grounds for termination include misconduct like harassment, insubordination, security violations, or criminal behavior on or off duty. Unacceptable job performance could mean consistently failing to meet deadlines, producing poor quality work, or lacking necessary skills. Termination must be reasonable and proportionate to the offense to withstand a legal challenge.
The notice period required before termination increases with the length of service. There’s no advance notice for employees with less than six months of service. Your due process rights and rights for advance notice may differ depending on your length of employment with the federal government. The specifics are complicated; reach out to a federal employment attorney to discuss your specific situation.
Here is how the process works: The typical termination begins with a supervisor notifying an employee of a proposed removal in writing along with supporting evidence of the charges. This letter specifies the reasons for termination like misconduct or unacceptable performance. Next:
Employees can appeal their termination to the MSPB on the grounds that the action was not for cause, was based on discrimination or whistleblower retaliation, or the agency failed to follow required termination procedures. Employees may also argue that the penalty of removal was too severe given the offense. All evidence will be heard and decided by an impartial MSPB administrative law judge if the request for a hearing is submitted.
While not guaranteed free legal counsel, terminated federal employees have the right to have a lawyer present during the termination process and any subsequent appeals.
Representation ensures agencies follow all proper procedures and termination is truly warranted, given the situation. Federal employment lawyers from The Law Office of Justin Schnitzer can protect your rights in several ways:
A federal employment lawyer can also negotiate a severance package or settlement if disciplinary action cannot be overturned but can be mitigated.
Now that the basics of federal employee termination laws and processes have been covered, here are answers to some frequently asked questions on this topic:
A terminated federal employee may qualify for unemployment benefits depending on the reason for firing. The Consolidated Omnibus Budget Reconciliation Act (COBRA) provides former government employees with the right to temporary continuation of health insurance coverage at group rates.
Beyond unemployment and COBRA benefits, terminated employees retain rights to their earned pension, federal disability retirement, and any unused sick days or annual leave. If retirement-eligible, employees may choose to start receiving pension payments immediately rather than waiting until a normal retirement age. Should the termination be reversed on appeal, employees are entitled to back pay for the time they were improperly removed.
Before making a decision to retire in the face of unwarranted termination, it is important to consult an attorney before any moves are made. Retiring too early may negatively impact your rights to an appeal.
Unfortunately, employees within their first year of federal service have very limited appeal rights. Removals during probation are almost always not appealable to the MSPB. Probationary employees can only challenge a termination that was based on marital status or political affiliation before the MSPB. However, like all employees you always have the right to file a discrimination claim before the EEOC.
The agency bears the burden of proving the grounds for termination by substantial evidence. This means providing documentation and witness statements that a preponderance of the evidence supports termination. If an appeal finds the agency failed to meet this standard, the removal will be reversed.
Employees who receive a proposed removal letter have the right to provide an oral and/or written response attempting to refute the agency’s claims. They can submit evidence, bring witnesses, or argue the proposed penalty is too severe.
Generally, yes. Termination procedures and appeal rights outlined in civil service laws like the Civil Service Reform Act apply government-wide to most executive branch employees. However, exceptions exist for senior executives, intelligence agency personnel, and other categories. Congressional employees are also not covered and have their own processes.
Whistleblower rights ensure honest public servants are not chastised by being fired or demoted for disclosing agency misconduct. If termination seems to have occurred shortly after protected whistleblowing, employees can challenge removals by arguing it was a pretext for illegal retaliation. They may also appeal to independent oversight boards if they believe they faced retribution.
If you believe you’ve been unfairly dismissed, contact or call The Law Office of Justin Schnitzer at 202-964-4878 today to schedule your free consultation. Thanks to our firm’s proven track record of success, our seasoned federal employment attorneys are well-equipped to help you achieve justice.
Justin Schnitzer is the managing partner of The Law Office of Justin Schnitzer, and represents individual federal employees and unions in various aspects of federal employment law. His practice is primarily dedicated to federal EEOC and MSPB matters, responses to proposed disciplinary actions and investigations into potential misconduct.
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