This one is pretty self-explanatory. What is the table of penalties? - idswater.com hb```f``2c`a`,c`@ r, ^Ma For the employee, how you articulate and present the facts of yourcase greatly affect how management applies the Douglas Factors. 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; In particular, the lack of clarity argument refers to the rules governing the underlying allegations at issue. Yes___ No____This factor recognizes a relationship between the employee's position and the misconduct. Yet surprisingly, most non-managerial federal employees have no knowledge of these important factors until they themselves are facing discipline. Press Briefing by Press Secretary Karine Jean-Pierre These factors are used to argue that disciplinary charges for federal employees, even if true, should still result in a lower penalty than the one proposed. (Use sample 1). Table 1-1: Table of Penalties for Various Offenses The following Table of Penalties is found in Army Regulations Online: AR 690-700, Chapter 751. 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 This is because it puts you on notice of the penalties which is factor #9, below. If you wish to explore legal representation, please call our office or use this form to inquire about our consultation process. The range of penalties described in the Table is intended to serve as a guide to discipline, not a rigid standard, and deviations are allowable for a variety of reasons. Do they have a positive track record? Sample: If you need assistance in dealing with any personal matters, the Employee Assistance Program (EAP) is available to provide confidential counseling services. 5'@ (Vl]\W[w:R`u>l/;EVj@n~: `;)v O Qf$CA| )cPp0cP?l1#`:}6X93q/r@ Oc2H))!Y6I $ (P How the factors will be applied in your disciplinary case depends on the specifics of your case. 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. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. Generally, this factor tends to be used more by a federal agency to aggravate (increase) the proposed disciplinary penalty. 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. The ninth Douglas Factor asks whether an employee knew or should have known about the potential implications of their actions. PDF Table of Penalties for Title 5, Hybrid Title 38, and Title 38 Employees The Douglas Factors: Disciplining employees is a fact of life. removal). Factor 5: The effect of the offense upon the employees ability to perform at a satisfactory level and its effect upon supervisors confidence in the employees ability to perform assigned duties. Bargaining unit employees may grieve an adverse action under the negotiated grievance procedure in a collective bargaining agreement rather than challenging it to the MSPB. Your signature does not indicate agreement with this action; it only represents receipt of this notice on the date signed. Merit Systems Protection Board still follows today. If an employees misconduct generates publicity and negative attention to an agency or otherwise damages its reputation, expect a more severe penalty. Managers should also take into account past service in the armed forces or other government employment, as well as positive reviews from past supervisors or co-workers. But you know one of your colleagues has recently missed a deadline of similar importance and was only issued a letter of reprimand. The thrust of this factor is that the more prominent the position, or more trust and power you hold in the position, the more seriously the agency is going to view any misconduct you engage in. -What kind of recovery can I get in my discrimination case? Starr Wright USA is the nations leading provider of FEPLI. The consistency of the penalty with any applicable Agency table of penalties; h. The notoriety of the offense or its impact upon the reputation of the Agency; . Table Of Penalties Douglas Factors This factor is one of the least significant of the Douglas Factors and is usually considered as aggravating. 4 0 obj It is important that you really highlightthefactors that are in your favor. Be clear, terse, and apologetic. Hiring an experienced federal employment law attorney for your oral reply can pay for itself many times over. This factor is generally an afterthought for both management and employees. You have the right to reply to this proposal orally and/or in writing and furnish any evidence in support of your reply within fifteen (15) calendar days after the date you receive this proposal. Weigh Douglas Factors in disciplinary cases - Ask The Lawyer Typically, this factor is used by an agency to support an increase in the proposed disciplinary penalty. 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. endstream endobj 50 0 obj <> endobj 51 0 obj <> endobj 52 0 obj <>stream 4 Archuleta v. Hopper, 786 F.3d 1340, 1352 (Fed. This has often been considered one of the most important Douglas factors by the MSPB. This factor lends itself most to employees arguing for leniency in their case. Employees should have access to these tables, and managers should use these parameters as a guide when imposing discipline. Note that: accruing multiple instances of discipline can lead you on the fast track to removal from federal service. Conversely, aggravating factors are those that suggest the discipline be sustained or even increased. For instance, if an employee has committed misconduct but fully discloses his or her actions prior to an investigator finding out about the misconduct, this can be deemed to be a significant mitigating factor. Take factor #4 for example, past work record, if you can get colleagues, supervisors, etc. The fifth Factor relates to an employees ability to do their job relative to the specific offense committed. What every federal employee facing discipline should be familiar with: The Douglas Factors. 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. PDF NASA Desk Guide for Table of Disciplinary Offenses and Penalties The 45 day deadline to file a discrimination claim, Federal EEOC, Fast Legal Answers: Federal Whistleblower Protection Act, an attorney with extensive experience practicing before the MSPB, Federalemployee's guide discipline cases and the MSPB, What every federal employee should know - The Douglas Factors. While not used that often by federal agencies in their final decisions, this Douglas factor can and should be argued in significant disciplinary cases (e.g., proposed removals or significant suspension cases). 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. These factors are collectively known as the Douglas factors for the case that articulated them and they are still in use today. WA Don't force misconduct into a listed offense unless it accurately fits. Cir. If you are low level employee with no supervisory functions this factor should have some mitigating value. This factor is generally used for purposes of mitigation unless an employee has a past similar disciplinary action. 1999). <> Factor 3: The employees past disciplinary record. 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. 280, 302 (1981). What kind of recovery can I get in my discrimination case? This Factor takes mitigating circumstances into account. endobj Table Of Penalties Douglas Factors - aaaawintvcapdavid.link You should review the table to make sure that your discipline is in keeping with this table. 527, 8 (2003); Zayer v. Department of Veterans Affairs, 90 M.S.P.R. On the surface, many incidents of misconduct may seem to be similar. Factor: Nature and seriousness 9. 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. Points to issuance specifically, to warrant mitigation where, and explore all other commenters stated above that. These factors are: 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. 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. PDF The Douglas Factors - National Federation of Federal Employees This material will be made available for review to you and/or your designated representative by contacting the (NAME & PHONE of POC) to arrange a mutually convenient time. After waiting at least 30 days from the issuance of the proposal notice, a deciding official will issue a decision letter either sustaining the charges and penalty, or reducing the penalty. 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. Specific evidence/testimony as to why an employee can no longer be trusted is critical. The Douglas Factors - Melville Johnson With policies that cover up to $2,000,000 in liability coverage and up to $400,000 in administrative defense coverage, and a team of former Assistant US Attorneys and Federal Employees, Starr Wright USA will be your trusted advocate throughout the entire process. -Guide to discrimination law and the EEOC, -Federalemployee's guide discipline cases and the MSPB, -What every federal employee should know - The Douglas Factors. Generally, however, this Douglas factor is argued for the purposes of arguing for a less severe penalty. PDF Douglas Factors * in deciding disciplinary punishment of federal - AELE 3 0 obj MSPB decision. This Douglas factor tends to be a general mitigation factor that can incorporate many different types of arguments for mitigating a penalty. Misconduct is also considered more severe if it is done maliciously or for personal gain. The Table provides for more serious penalties for . We generally find that it is important to actually make sure that a proposed disciplinary action or a sustained final penalty has been listed appropriately under the agencys table of penalties. But they may refuse to. 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. The first time an employee is Merit Systems Protection Board, Why Federal Employees Have the Right to a Hearing, Implementing or Challenging Initial Decisions, Agency Officials Substantive and Procedural Errors and How to Fix Them. Explanation, if relevant: (10) Potential for the employee's rehabilitation.Relevant? Cir. What if I already had anoral reply and theyve issued a decision and misapplied the Douglas Factors? Certain qualifying cmployees are entitled to challenge an adverse action to the Merit Systems Protection Board (MSPB). 2 It cannot be doubted, and no one disputes, that the Civil Service Commission was vested with and exercised authority to mitigate penalties imposed by employing agencies. 2011); Stone v. Federal Deposit Insurance Corporation, 179 F.3d 1368, 1376 (Fed. On occasion, we have found that the agency has not followed their table of penalties or has listed the misconduct under the wrong offense in their table. If you were going through a divorce, your child was hospitalized, or a family member had passed away, you should be explaining these mitigating factors to management. If intentional, malicious misconduct, repeated offenses, or misconduct undertaken for personal gain may incur harsher penalties. 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. As instructed by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit), MSPB has no role in evaluating an agencys chosen penalty for a case proven under chapter 43 of title 5 (the chapter for demotions and removals based upon failure in a critical performance element).1, The Federal Circuit, interpreting decisions by the U.S. Supreme Court, has also held that, as a matter of due process, in actions taken under 5 U.S.C. This means you should provide objective facts to support your arguments if you can. The potential for an employees rehabilitation is an important Douglas factor for a federal employee, especially in cases of proposed removal. Bk|8AAoq':#@-zSs)@yFAaH=p.GNXQKAr{D$Xjuk.ku u4RunO|zSp :*NPS0EI]9w]qk.9r>?^|xPG/~A}zI}Nw/o~SBE4*8VT?icyyrl9/srOW#L9}%N%NN}L;=+xoiE94f}9qnF~{15 PxBOGy:#/ 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. These terms are used commonly in Douglas Factors application. Reston, VA 20190. PDF Chapter 4. Hud Table of Offenses and Penalties Employees should be aware that managers sometimes use a Douglas Factors Checklist that helps then analyze and consider each factor. 1 0 obj \|Y,y#}|\G|u|.;HWO)58rHY.+ry9$~]BJNwn;`L\RU=TDrwumX=XDjuh:bIvMQg:u?*:qKK~#q!?). PDF DOI Department Manual Table of Offenses and Penalties They know the stress of a career, they know how life can be difficult. Reprimand Removal 14 days Removal Removal Alcohol and Drug Related 23. When looking for an attorney make sure they have experience handling federal-sector employment cases. The first factor looks at the severity of the misconduct and how itrelates to the position the employee has. For instance, did the employee have access to the table of penalties? 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. 1349(b) requires a suspension of not less than one month for the use of a Government vehicle for other than an official purpose, and the appellants actions were closely analogous, it would be inappropriate for the Board to scrutinize whether the agencys penalty of a 30-day suspension was warranted). U.S. Department of the Interior, 1849 C Street NW, Washington, DC 20240. 3 Douglas v. Veterans Administration, 5 M.S.P.R. Ultimately, managers are people too. 1999); see Gaines v. Department of the Air Force, 94 M.S.P.R. Your absence was not approved by your supervisor. In some instances this may mean pointing out points of analysis or facts to management if they are unaware. It is often the case that a federal employee has been charged with a violation of agency rules but has not been properly trained with respect to these rules or regulations. Yes___ No____Potential for rehabilitation can be both a major aggravating and mitigating factor. By William N. Rudman . DOC Proposed Disciplinary/Adverse Action Worksheet - FedSmith.com The following is a list of 12 Douglas factors that must be taken into consideration and explanations as to how they can apply to federal employee cases. You neither came to work nor did you call in your absence. But do not highlight them either. 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. Misconduct and Discipline | U.S. Department of the Interior On (DATE), you were scheduled to report to work at (TIME). In some instances the money they saved you may be less than their fee for taking your casea great result for you the employee. Management must issue a notice of the proposed adverse action, setting forth the charged misconduct and the specifications supporting the charge. Non-disciplinary counseling, guidance memoranda, provision of Agency policy to the employee and requiring the reading and signing of certain rules are methods to communicate what are the requirements of conduct in the workplace. The Douglas Factors: What You Need to Know - Medium Discipline can range from letters of reprimand to short suspensions. Lets say you missed a deadline for an important assignment and management has proposed removal. The consistency of the penalty with any applicable agency table of penalties; 8. The national media picked the story up, and it was very detrimental to the agency. disciplinary situations. 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____What needs to be done to deter the conduct in the future by the employee or others? Other times it may mean providing some evidence to management to further support your position. The Federal Starr arms federal employees with the wisdom and insight to successfully navigate their career, create stability for themselves and their family, and continue on their mission to serve the public. For example, lets say you are arguing that there aremitigating factors present in your case (factor #11) because your child was hospitalized for a full month leading up to your misconduct. 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 determining an appropriate . Heres what anyone who works for the federal government needs to know about the Douglas Factors. 280 (1981) These factors are used to explain why the penalty was chosen. Additionally, your coworkers have their own assignments. 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. PDF Table 1-1: Table of Penalties for Various Offenses - United States Army What if I do not agree with managements analysisof a specific Douglas Factor? B !p$p$p$pV0.Au KW !%K i%H+AZ JV i%H+AZ JV,`{%+^ JW`{%+^ JW`{%+xX`{%+^ JW9 8p8?0g# Ultimately, the more credible evidence you can provide to support your position the better. Explanation, if relevant: 9.Employee Assistance Program Paragraph: All Federal Agencies have EAP programs. However, the seriousness of the offense and an evaluation of other Douglas Factors may outweigh an employee's positive work record. 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. past performance). 4.Charge: (Alleged misconduct - the reason the action is being proposed) Samples: Charge: Unauthorized Absence(Number of offense if applicable) or Charge: Unauthorized Absence Third Offense 5.Specification(s): The facts and evidence that establish the misconduct charged took place. Regardless, try to avoid getting into an argument with management over factors. Specification #2. In addition, actions . Douglas Factors for Federal Employees - Berry & Berry, PLLC - berrylegal EachDouglas Factor can work for or against an employee depending on their specific case. 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. 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. PDF Committee on Oversight and Government Reform U.S. House of Similar offenses can be used to guide penalty selection. Douglas Factors matters vary from case to case and federal employees should consult with an attorney. ?Y9"0t@_, l 3bNC+ sj2 *+2UjBu^sW6\ r Before sharing sensitive information, make sure youre on a federal government site. . Some Federal Agencies require the proposing official to conduct a Douglas analysis and include the proposal, others do not. consistency of the penalty with any applicable agency table of penalties; (8) the notoriety of the offense or its impact upon the . The Douglas factors are probably the most important factor in determining the outcome ofany federal employees discipline case. Consistency of the penalty with any applicable agency table of penalties; (8) The notoriety of the offense or its impact upon the reputation .
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