As a federal employee, your career is built on the expectation of longevity and stability—often extending to retirement. However, despite the common myth that federal employees can’t be fired, thousands face disciplinary and adverse actions each year.
What to Do If You Receive a Notice of Proposed Disciplinary or Adverse Action
If your federal agency accuses you of misconduct or poor performance, it may issue a Notice of Proposed Disciplinary or Adverse Action. This notice outlines the charges against you and the proposed penalty—such as suspension, demotion, or removal from federal service. 
You have the right to respond to these charges and defend your federal career.
Understanding Disciplinary vs. Adverse Actions
Knowing the difference between disciplinary and adverse actions is essential to protecting your rights:
Disciplinary Actions (Less Severe)
- Letter of Reprimand (remains in your Official Personnel File (OPF) for 1–3 years)
- Suspension of 14 days or less
Note: A Letter of Counseling is not considered a disciplinary action under federal law.
Adverse Actions (More Severe – Defined by Title 5)
- Suspension of 15 days or more, including indefinite suspensions
- Demotion (Change to a lower grade)
- Removal from federal employment
In different legal contexts, such as Equal Employment Opportunity (EEO) complaints, “adverse action” may carry a broader meaning.
Due Process Rights for Federal Employees
After a Notice of Proposed Disciplinary or Adverse Action and before any action is taken, federal employees are entitled to due process under the law:
For Disciplinary Actions:
- Advance written notice of the proposed action and charges
- Reasonable time to respond (orally and in writing)
- Right to representation (attorney or representative)
- A written decision detailing the reasons for the action
For Adverse Actions:
- 30-day advance written notice with specific charges and proposed penalty
- Access to all materials relied upon by the agency
- Minimum of seven days to respond in writing or orally
- Representation rights
- A written decision issued promptly with detailed reasoning
Legal Support for Disciplinary Appeals and Responses
Unlike a Letter of Reprimand, records of suspensions, demotions, or removals remain in your OPF indefinitely and can damage your career prospects in both federal and private sectors.
This is why it’s crucial to respond strategically and secure legal representation early in the process when given a Notice of Proposed Disciplinary or Adverse Action .
Challenging Agency Decisions and Due Process Violations
A due process violation may occur if:
- The agency relies on “ex parte” (undisclosed) information
- The employee isn’t properly notified
- The employee is denied the right to respond
If any of these apply, the Merit Systems Protection Board (MSPB) can invalidate the agency’s decision.
Talk to a Federal Employee Disciplinary Actions Attorney
If you’ve received a notice of proposed removal, suspension, or demotion, speak with a knowledgeable federal employment lawyer.
📞 Call us at 1-757-504-2815 or use our online contact form to schedule a consultation today.
Telephone No.tel:7575042815
