Douglas Factor Mitigation for Federal Employees The idea is that discipline is meantto be corrective and progressive. Sample: Your unauthorized absence(s) violates (Name of Agency) policy (Identify by name, number and date) specifically Section (Number) at Page (Number) which states: (Extract the language of the policy). 51, 8 (2001). In the case of Douglas vs. Veterans Administration, 5 MSPR 280 (1981), the . Sample 1: I have attached the material relied on to support this proposed removal. % This has often been considered one of the most important Douglas factors by the MSPB. These factors are the following: 1. PDF Douglas Factors In Depth - Branch 38 NALC Merit Systems Protection Board still follows today. -Guide to discrimination law and the EEOC, -Federalemployee's guide discipline cases and the MSPB, -What every federal employee should know - The Douglas Factors. Additionally, your coworkers have their own assignments. WA Managers must also consider the scope of the misconduct in the context of an employees position and job duties. As these factors play a key role in disciplinary cases, understanding how they work can help implement fair and effective penalties. Factor: Employee's . Did management send out a memo clarifying rules? If you can make a strong enough case the Administrative Judge (AJ) may modify or cancel the discipline in your case. What is effect of the misconduct charged? The Douglas Factors should be considered in selecting a penalty. Obtain insurance protection for your career today. 2012) (internal citations and punctuation omitted). Has an employee been on the job for a long time? 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 . While each case is different, seeking alternatives may be useful. This Factor takes mitigating circumstances into account. generadores de diesel precios 4 0 obj That is why its important to use these factors to analyze the facts of each individualcasewhere the rubber hits the road. The consistency of the penalty with any applicable agency table of penalties; 8. 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. Negligent or accidental incidents will be viewed more favorably than intentional acts. Take factor #4 for example, past work record, if you can get colleagues, supervisors, etc. (See Attachment 1 -Your statement of (DATE) and Attachment 2- Statement of your immediate supervisor of (DATE)). Relevant? 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. The .gov means its official. { v v _ lv lv lv Y Y S{ d lv lv lv 9w 9w 9w 9w d= BB 1 BB Proposed Disciplinary/Adverse Action Worksheet 1.DATE: (OF PROPOSAL MEMORANDUM) TO: (NAME), (POSITION) FROM: (NAME), (ORGANIZATIONAL TITLE) Must be signed by Proposing Official2.SUBJECT: Notice of Proposed (SUSPENSION OF (#) DAYS, CHANGE TO LOWER GRADE, REMOVAL)3.Paragraph Purpose of the Memorandum Sample: This is notice that I propose that you be (suspended for XX days, changed to lower grade, removed from your position and from Federal service) no earlier than 30 days from your receipt of this notice. For the employee, how you articulate and present the facts of yourcase greatly affect how management applies the Douglas Factors. We are currently not taking any new cases at this time. We have also seen federal agencies use this Douglas factor to aggravate disciplinary penalties where other agencies (federal, state, local) have become aware of a federal employees misconduct, arguing that the employees actions have caused the federal agencys reputation to somehow become tarnished. For example, in this type of case we would argue that you cannot issue a light penalty (e.g., 7-day suspension) for one federal employee and propose a 60-day suspension for another employee where the nature of the alleged conduct is so similar. 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. Yes___ No____If the particular offense at issue is not in the guide, you should review the guide for similar, related offenses. There are certain standards of behavior and conduct expected of employees by our external and internal customers. Douglas Factors In Depth The Merit Systems Protection Board in its landmark decision, Douglas vs. Veterans Administration, 5 MSPR 280, established criteria that supervisors must consider in determining . Govexec.com . 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. past performance). But do not highlight them either. Ability to perform, and supervisory confidence, Consistency of the penalty with other cases, Consistency of the penalty with agencys table of penalties and offenses, Adequacy and effectiveness of alternative sanctions, Applying the Douglas Factorsto your case. This factor is generally used for purposes of mitigation unless an employee has a past similar disciplinary action. Certain qualifying cmployees are entitled to challenge an adverse action to the Merit Systems Protection Board (MSPB). DOC Proposed Disciplinary/Adverse Action Worksheet - FedSmith.com 6 Norris v. Securities and Exchange Commission, 675 F.3d 1349, 1355 (Fed. The Douglas factors see 5 MSPR 20 191 provide an adequate and useful . For example, one could argue that given the lack of prior discipline that a proposed removal should be mitigated to a suspension action. 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. A table of penalties is a non-exhaustive list of common infractions along with a suggested range of penalties for each infraction. Relevant? 2 0 obj 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. 1 Lisiecki v. Merit Systems Protection Board, 769 F.2d 1558, 1567 (Fed. The Douglas Factors (wiki) are comprised of 12 different points of analysis which a federal manager must consider when they act as a deciding official in a discipline case. Consideration may be given to extending this time limit if you submit a written request stating your reasons for needing more time. Or in another case, if an employee has continued to work in their position over the course of a long period of time after the allegations are under investigation, this shows that the Agency continues to have trust in the employee and that the employee has continued to perform well despite the initial allegation. It is important to support this Douglas factor with significant documentary evidence (e.g., copies of performance records, letters of commendation, positive letters about performance by supervisors or members of the public, cash or performance awards, declarations or affidavits of supervisors). 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. 1999). The site is secure. PDF Nasa Desk Guide for Table of Disciplinary Offenses and Penalties This article covers the Douglas Factors. Factor 4: The employees past work record, including length of service, performance on the job, ability to get along with fellow workers, and dependability. You will be notified in writing of the final decision. 1.1 The twelve keys to the outcome of your discipline case 1.2 Background - Source of The Douglas Factors 1.3 The Douglas Factors 1.4 Analysis and Explanation of each Douglas Factor This table should be available to you as an employee. Factor 3: The employees past disciplinary record. 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; A familiarity with the Douglas Factors will help managers understand the analysis they must undertake when making disciplinary decisions. 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. Yes___ No____An employee's length of service and prior work record must be evaluated and be balanced against the seriousness of the offense. Yes___ No____Potential for rehabilitation can be both a major aggravating and mitigating factor. Factor 12: The adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others. An employee with a significant disciplinary record most likely would have poor potential for rehabilitation. When an employee with a high level of trust and authority violates regulations, they generally face harsher penalties. Cir. 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. 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. -What kind of recovery can I get in my discrimination case? This means that when evaluating the seriousness of an offense, a manager must consider whether the misconduct was intentional, inadvertent or the result of negligence. <> Your signature does not indicate agreement with this action; it only represents receipt of this notice on the date signed. Additionally, you have the right to pick a representative of your choosing should you not have union assistance available to you, or you wish to hire a different a representative. Douglas factor issues vary significantly from case to case and federal employees should consult with an attorney who is knowledgeable about these issues prior to responding to a proposed disciplinary action or filing an appeal with the MSPB. Under the sixth Factor, the workers should receive similar penalties, rather than one getting fired and one receiving a written warning. The final Douglas Factor asks both manager and employee to consider alternative penalties. past performance). !%7K81E8zi. 280, 302 (1981). 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. Xu"! } =!4$?g*QUHC(K(! SO4T=1!M|#7LSR"z/U1'6P($PC=Q"@/BQy~>S,;@ An overlooked factabout the cost of hiring an attorney is that they can actually save you money.
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