table of penalties douglas factors

Your signature does not indicate agreement with this action; it only represents receipt of this notice on the date signed. The Douglas factors are also referred to as mitigating factors. generadores de diesel precios ______________________________ __________________ (Name) (Date) Sample: If employee cannot be reached personally at the time of the proposal: I certify that I sent this proposed action to (Employees Name and address) on (Date) by both certified and express mail. It is important that you really highlightthefactors that are in your favor. Additionally, the Board cannot review the reasonableness of a penalty that is set by law. Employees should have access to these tables, and managers should use these parameters as a guide when imposing discipline. the relevant factors, in its decision letter, testimony, and other submissions can have a significant impact on the board's ruling. Note that: accruing multiple instances of discipline can lead you on the fast track to removal from federal service. Factor 9: The clarity with which the employee was on notice of any rules that were violated in committing the offense, or had been warned about the conduct in question. 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. @b o $&F Sq70 # 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. If you are a unionized employee, typically someone in your bargaining unit will help you argue your case to management at your oral reply. * Douglas v. Veterans Administration, 5 M.S.P.R. Your written reply and any evidence should be sent to the Deciding Official, (Deciding Official's Name), (Deciding Official's Title). Heres what anyone who works for the federal government needs to know about the Douglas Factors. If an employees misconduct generates publicity and negative attention to an agency or otherwise damages its reputation, expect a more severe penalty. For instance, in the disciplinary cases that we handle we might attempt to seek mitigation of a proposed disciplinary penalty by arguing that an employees outstanding performance (e.g., performance ratings, commendations/awards and letters from supervisors/co-workers) during their years of service support a reduction in a disciplinary penalty. Similar offenses can be used to guide penalty selection. 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. 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. At Berry & Berry, PLLC, our attorneys represent federal employees in various types of federal agency disciplinary and adverse actions. If an offense results in a loss of trust or an employee isnt willing to be accountable for their actions, managers may not be willing to take the chance. Just knowing the rules, however, cant fully protect you if a case should arise. By William N. Rudman . 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; . 3 0 obj What kind of recovery can I get in my discrimination case? Determine an experienced a table of penalties douglas factors and ends with childishness rather than intentional or reasons, agencies should not have successfully. The idea is that discipline is meantto be corrective and progressive. Remember, there is only one absolute penalty, which can be given without a Douglas analysis - the 30-day suspension required under law for misuse of a government vehicle. 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. The consistency of the penalty with any applicable agency table of penalties; 8. PDF Table 1-1: Table of Penalties for Various Offenses - United States Army It reduces maximum penalties for offenses like murders and other homicides; armed armed home invasion burglaries; armed armed carjackings, as I mentioned; armed robberies; unlawful gun . Explanation, if relevant: (11) Mitigating circumstances surrounding the offense such as unusual job tensions, personality problems, mental impairment, harassment, or bad faith, malice or provocation on the part of others involved in the matter.Relevant? 280 (1981). Usually, the root cause of different treatment in terms of disciplinary penalties tends to be favoritism by the Agency between different federal employees. This Douglas factor also looks at whether an allegation is part of a pattern of similar conduct (repeat offense) and whether the actions at issue were intentional or a mistake. Offenses related to intoxicants. If you want you can download and read the fullDouglas v. V.A. Specification #2. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. Employees who can appeal an adverse action to the Board have constitutional due process rights. A deciding official must consider specific factors in determining the reasonableness of the penalty. Management must issue a notice of the proposed adverse action, setting forth the charged misconduct and the specifications supporting the charge. Factor 11: Mitigating circumstances surrounding the offense such as unusual job tensions, personality problems, mental impairment, harassment, or bad faith, malice or provocation on the part of others involved in the matter. The Table of Penalties in the Departmental Manual (370 DM 752) provides a non-exhaustive list of types of misconduct for which the Agency can discipline employees. Generally, this factor comes into play when an employees alleged misconduct has been reported by the media (press or television). In cases of severe misconduct, it may be appropriate to conduct an independent investigation of the misconduct through the Office of Human Resources, a third-party contact investigator or the Office of the Inspector General (OIG). It is important to rebut these issues in a Douglas factor defense. Note. Information provided is for educational purposes only, please consult with a licensed attorney before taking any action. 2278 0 obj <>stream Cir. \3zn8SJOkRL8=/q1qRZjwBKoL `3e8Zg-?3L#wX|1P)3|\gbi nLY~@WTRSRIG. They likely held the same job you holdat some point in the past. PDF NASA DESK GUIDE FOR TABLE OF DISCIPLINARY OFFENSES AND PENALTIES Version 3 If you can present concrete and credible evidence of such mitigating factors, it will go a long way to helping your cause. Therefore, you should anticipate factors the deciding official may focus on and structure your presentation accordingly. The reason(s) for this action is (are) specified below. It is more often used to attempt to aggravate a disciplinary penalty. Yes___ No____An employee's length of service and prior work record must be evaluated and be balanced against the seriousness of the offense. such factors as the value or the property or amounts of employee time involved, and the nature of the position held by the offending employee which may 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. 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. The Table provides for more serious penalties for . Therefore, I am proposing your removal from the Federal service to promote the efficiency of the service. If, for example, management had sent a memo to all employees explaining the rules and potential discipline for the personal use ofoffice supplies and then two weeks later your took three reams of paper and a stapler home with you, management would have a strong argument that you were on notice and still engaged in the misconduct. Note: If the employee is in a bargaining unit, your Agency should have alternate language for these paragraphs. Factor 4: The employees past work record, including length of service, performance on the job, ability to get along with fellow workers, and dependability. An example of a mitigating factor would be having no prior discipline in a 20 year federal career when applying Douglas Factors #3 and #4. EachDouglas Factor can work for or against an employee depending on their specific case. Douglas Factors matters vary from case to case and federal employees should consult with an attorney. On (DATE), you were scheduled to report to work at (TIME). As a general rule, the more negative publicity caused by an offense, the harsher the discipline. Relevant? The Douglas Factors: Disciplining employees is a fact of life. You should not list a factor unless it is relevant. 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 The fourth Douglas Factor requires managers to take an employees past performance into account. Document, document, document provide credible evidence, let it speak for itself, Handling bad facts, applying them to Douglas Factors. ALL RIGHTS RESERVED. Producing a doctors note to management confirming the hospitalization supports the validity of your claim and will be harder for management to overlook than had you just made a verbal assertion of the same. past performance). The Douglas factors see 5 MSPR 20 191 provide an adequate and useful . Douglas Factor Mitigation for Federal Employees The 12 Worst Types Table Of Penalties Douglas Factors Accounts You Follow on Twitter This Quick Start Guide covers the following Key Points: 1. But you know one of your colleagues has recently missed a deadline of similar importance and was only issued a letter of reprimand. Your unauthorized absence cannot be tolerated because Agency supervisors, managers must be able to plan your work and rely on you to be available. PDF Douglas Factors - AFGE Consistency of the penalty with any applicable agency table of penalties; 8. For instance, two co-workers with the same job duties and similar work histories both fall asleep during a night shift. Cir. Your misconduct adversely affected not only the work you were assigned but required that your coworkers perform your duties as well taking time away from their assigned work. 2011); Stone v. Federal Deposit Insurance Corporation, 179 F.3d 1368, 1376 (Fed. While each case is different, seeking alternatives may be useful. Any replies submitted will be given full consideration. For example, if an employee has no past disciplinary record, factor #3 doesnt hurt the employee, and can actually become a mitigating factor. 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. A big question managers have to ask themselves is: after the misconduct that has occurred can I confidently bring the employee back? If this is impractical to do, use Sample 2. Cir. In some instances, however, an employees misconduct will be so severe its obvious they cant be rehabilitated and brought back on the job. 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. The Douglas Factors - Melville Johnson B !p$p$p$pV0.Au KW !%K i%H+AZ JV i%H+AZ JV,`{%+^ JW`{%+^ JW`{%+xX`{%+^ JW9 8p8?0g# When looking for an attorney make sure they have experience handling federal-sector employment cases. This Douglas factor is one of the most often used arguments our firm uses in support of mitigation of a disciplinary penalty. Merit Systems Protection Board still follows today. But do not highlight them either. 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. Agency's table of penalties recognizes this severity in establishing ranges of penalties for -Guide to discrimination law and the EEOC, -Federalemployee's guide discipline cases and the MSPB, -What every federal employee should know - The Douglas Factors. Consistency of the penalty with any applicable agency table of penalties; (8) The notoriety of the offense or its impact upon the reputation . This Douglas factor is one of the most often used arguments our firm uses in support of mitigation of a disciplinary penalty. So, if your case was publicized or brought shame and negative attention to the agency you can expert a more severe penalty.

table of penalties douglas factors 2023