table of penalties douglas factorshow old is eric forrester in real life

They know the stress of a career, they know how life can be difficult. xfg! @$0$6dd{8Q$AUzw43X!_>=+mi!d+iy+bn%'P Tj[Q9BoVbHBUL8c X>S[ bT@ `-' , 8Z7K2 (,B(AfZ The right to answer orally does not include the right to a formal hearing with examination of witnesses. However, a thorough investigation and evaluation may lead to a determination that the misconduct was not substantially similar. Knowing what managers are looking for will aid your oral reply presentation, and could be what saves you your job with the federal government. If youre a law enforcement officer and you have been convicted of assault it is likely that your supervisor will lack confidence in your ability to follow and enforce lawswhich cuts to the very core of your duties as a law enforcement officer. You may make arrangements for an oral reply by contacting (Deciding Official's Name) at (Deciding Official's Telephone). These 12 factors play a key role in the outcome of federal employee discipline cases. If you follow this guide, and focus on the factors that support your position, and provide credible evidence in support of your points, you will have gone a long way towards lowering the amountdiscipline you will receive. Private sector cases are drastically different. A familiarity with the Douglas Factors will help managers understand the analysis they must undertake when making disciplinary decisions. That translates into harsher penalties for repeat offenders. After reading this guide, if you want to read further on the topic of federal employee discipline, you mayfind our guide toMSPB and discipline cases helpful. The Douglas factors are critical for federal employees facing a pending disciplinary action or for those at the MSPB on appeal. You should not list a factor unless it is relevant. This factor is generally an afterthought for both management and employees. The following relevant factors must be considered in determining the severity of the discipline: (1) The nature and seriousness of the offense, and its relation to the employee's . A federal agencys table of penalties is typically a table with lists of individual offenses and the ranges of possible penalties for such offenses. 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. If you are looking for a representative, note that we are not taking on any cases at this time. The rules for determining the penalty, and the ability of MSPB to review that penalty, depend on the statute being used by the agency to authorize the adverse action. The Douglas factors are: (1) 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; Douglas factors can be used as mitigating or aggravating factors so it is important to fully understand the application of both types of legal arguments. Every case is different, so sometimes factors that really stand out in one case, have little to no significance in another. Consistency of the penalty with any table of penalties an agency may have . But do not highlight them either. Other times it may mean providing some evidence to management to further support your position. 7513, the agency must notify the employee of the factors it will consider regarding the penalty and provide the employee with the opportunity to respond.9 As explained in our article, Agency Officials Substantive and Procedural Errors and How to Fix Them, because this is a matter of constitutional due process rights, an agencys failure to provide notice and a meaningful opportunity to respond regarding the penalty is a violation of the employees substantive rights. If you are a federal employee facing discipline, asyou read this articleyou should be thinking about the which of the twelve Douglas Factors are in your favor, and how you can present evidence to support your position on those factors. Note: If the employee is in a bargaining unit, your Agency should have alternate language for these paragraphs. Opinions expressed in this article are for informational purposes only and do not constitute legal advice. PDF Douglas Factors In Depth - Letter Carrier Connection Relevant? 280 (1981) These factors are used to explain why the penalty was chosen. PDF The Douglas Factors - National Federation of Federal Employees Factor 4: The employees past work record, including length of service, performance on the job, ability to get along with fellow workers, and dependability. Once you have a few key factors you should try to collect any supporting evidence that may be helpful, like doctors notes, proof of counseling sessions, etc. Take factor #4 for example, past work record, if you can get colleagues, supervisors, etc. Press Briefing by Press Secretary Karine Jean-Pierre Factor: Employee's . NOTE: Penalty depends on such factors as provocation, extent of any injuries, and whether actions were defensive or offensive in nature. The Douglas Factors get their name from a 1981 MSPB decision holding that the MSPB would review an agency's penalty selection by applying factors that since have become known by the last name of the appellant, whose removal was upheld after the factors were applied. This Douglas factor tends to be a general mitigation factor that can incorporate many different types of arguments for mitigating a penalty. The factors may mitigate or aggravate (1) 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.Relevant? endstream endobj 50 0 obj <> endobj 51 0 obj <> endobj 52 0 obj <>stream Obtain insurance protection for your career today. consistency of the penalty with any applicable agency table of penalties; (8) the notoriety of the offense or its impact upon the . Sample: Specification #1. By William N. Rudman . Remain calm, deferential and respectful at all times. In 1981, the Douglas vs. Veterans Administration (5 MSPR 280) case laid out 12 criteria now known as the Douglas Factors that the U.S. A knowledge of the Douglas Factors is helpful for both federal employees and managers. Explanation, if relevant: (12) The adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others.Relevant? to write lettersfor you that attest to your diligence and good behavior at work, that will help tilt that factor in favor of mitigation. How do you handle these aggravating factors? Factor 2: The employees job level and type of employment, including supervisory or fiduciary role, contacts with the public, and prominence of the position. For example, one could argue that given the lack of prior discipline that a proposed removal should be mitigated to a suspension action. It is important to note a case was recently lost in another government agency when the deciding official stated the Agency's zero tolerance policy on workplace violence required him to remove the employee from governmental service. Specific evidence/testimony as to why an employee can no longer be trusted is critical. Negligent or accidental incidents will be viewed more favorably than intentional acts. This is because it puts you on notice of the penalties which is factor #9, below. %PDF-1.5 Many agencies have tables of penalties and offenses that list common offenses and their typical discipline ranges. [;C;@){ :@H- - 3VLL L.L.q^h8N),H3q30 ( While some federal agencies attempt to use this Douglas factor in an effort to attempt to increase a federal employees disciplinary penalty, we have found that this factor is extremely helpful for purposes of a reduction in the employees penalty. 1 0 obj All other facts the same, you would want to point this inconsistency to managements attention because it is clear the two penalties are not consistent with each other. COPYRIGHT 2023. The final Douglas Factor asks both manager and employee to consider alternative penalties. For example, an attorney wont have to expend nearly as much time preparing a really solid oral-reply than they would expend preparing for a full administrative hearing at the Merit Systems Protection Board. * Douglas v. Veterans Administration, 5 M.S.P.R. accruing multiple instances of discipline can lead you on the fast track to removal from federal service. 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. PDF The Douglas Factors - Energy For instance, a law enforcement officer who is convicted of breaking laws may result in harsher penalties than, say, an employee who accidentally nods off while on a night shift. If that clerk is thencaught stealing from another employee or scalping a few dollars off of each days transactions, that would clearly call in to question his ability to perform as a clerkgoing forward. Employees who can appeal an adverse action to the Board have constitutional due process rights. It is critical for the agency to articulate a relationship between the misconduct and the employee's position and responsibilities. the adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others. If a mitigation argument does not fit under the other 11 Douglas factors, it can, in most instances, be argued here. The Douglas Factors . 5'@ (Vl]\W[w:R`u>l/;EVj@n~: `;)v O Qf$CA| )cPp0cP?l1#`:}6X93q/r@ Oc2H))!Y6I $ (P The ninth Douglas Factor asks whether an employee knew or should have known about the potential implications of their actions. Consistency of the penalty with any applicable agency table of penalties; (8) The notoriety of the offense or its impact upon the reputation . This factor deserves some detailed explanation since it is one of the less self-apparentof the factors. PDF Douglas Factors In Depth - Branch 38 NALC Hiring an experienced federal employment law attorney for your oral reply can pay for itself many times over. Yes___ No____What needs to be done to deter the conduct in the future by the employee or others? But you know one of your colleagues has recently missed a deadline of similar importance and was only issued a letter of reprimand. 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. 280 (1981). Misconduct is also considered more severe if it is done maliciously or for personal gain. You neither came to work nor did you call in your absence. 1999) (holding that the Board inherited mitigation authority in misconduct actions from the old Civil Service Commission). PDF Civilian Personnel Disciplinary and Adverse Actions - United States Army past performance). What is effect of the misconduct charged? Generally, this factor tends to be used more by a federal agency to aggravate (increase) the proposed disciplinary penalty. Explanation, if relevant: (3) The employee's past disciplinary record.Relevant? If you wish to explore legal representation, please call our office or use this form to inquire about our consultation process. This Douglas factor can be extremely helpful for purposes of mitigation where a federal employee has continued to work successfully in their normal position (i.e., not placed in light duty or administrative leave), over an extended period of time, after the underlying allegation has occurred. This table should be available to you as an employee. Some federal employees have successfully argued for mitigation where stress or an anxiety condition contributed to the disciplinary misconduct issues. For instance, we have argued that instead of removing a federal employee that they should instead receive a suspension. Explanation, if relevant: (2) The employee's job level and type of employment, including supervisory or fiduciary role, contacts with the public, and prominence of the position. In theory, discipline should be both corrective and progressive. What if I do not agree with managements analysisof a specific Douglas Factor? The use of a federal employees past disciplinary record is one of the more commonly cited Douglas factors. Explanation, if relevant: (7) Consistency of the penalty with any applicable agency table of penalties. Weigh Douglas Factors in disciplinary cases - Ask The Lawyer

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