If you are a federal employee who receives a notice of proposed removal, you need to read it carefully and speak with a federal employee rights attorney as soon as possible. You may have as little as seven days to reply, so it’s crucial that you act quickly.
A notice of proposed removal indicates that a government agency intends to fire an employee for specific reasons that affect efficiency of service. This notice comes at least 30 days before the proposed termination date. Our attorneys would like to provide a list of steps you should take if you receive a notice, with some additional information to make sense of the document you’ve received.
Again, it’s best to act promptly and avoid delays. Your current job and future employment prospects are at stake. To request a free consultation with our federal employment lawyers, contact The Bell Law Group today.
Key Takeaways:
- After receiving a notice of proposed removal, read it carefully, speak with an employment attorney, and gather any supporting evidence and documents.
- While notices are issued at least 30 days before the proposed termination, federal employees may have as little as seven days to submit a written or oral reply.
- Do not discuss your notice with any co-workers or supervisors, which includes any informal communications about the notice in person or via text and email.
- Some federal employees falsely assume that if they resign immediately upon receiving a notice of proposed removal, they will clean their record and avoid future employment issues. Resignation in lieu of removal may not be best for your situation. Always speak with an attorney first.
- If you are ultimately terminated by your agency, you can file a complaint with the Merit Systems Protection Board (MSPB).
What Is a Notice of Proposed Removal?
A notice of proposed removal is a type of disciplinary action issued to federal employees. The document notifies the employee that their agency intends to fire them for a specific reason or reasons.
A notice of proposed removal will typically include:
- The reason(s) for the proposed termination
- Supporting evidence of the reasons cited
- Information on the employee’s right to respond
- The deadline to submit a reply (written or oral)
- Information on seeking representation through an attorney or union representative
What Does “Efficiency of Service” Mean and How Does It Apply?
Cited in 5 U.S.C. § 7513(a), efficiency of service refers to the ability for a government agency to operate efficiently and effectively.
An agency may issue a notice of proposed removal if it believes that action against an employee will improve the effective operation of the agency.
The 30-Day Notice
The government must provide a minimum of 30 days notice of its intent to terminate a federal employee. This means that an employee will usually receive a notice of proposed removal at least 30 calendar days before the termination date.
Seven-Day Reply Window
Upon receiving the notice of proposed removal, you may have as little as seven days to submit a written reply, make an oral reply, or provide both a written and oral reply.
This reply window is also intended to give federal employees an opportunity to review evidence, consult with a lawyer or union rep, and gather any supporting documentation.
Steps Federal Workers Should Take After Getting a Notice of Proposed Removal
Again, you may have as little as seven days to provide a reply to your notice. It’s imperative that you act fast and make informed decisions.
Here are six steps you need to take within a week of receiving a notice of proposed removal.
1. Read the Notice Carefully
Read through your notice of proposed removal very carefully. It will include the reason or reasons why you have been issued the notice, instructions for your reply, and other relevant information regarding deadlines.
2. Avoid Discussing the Matter with Co-Workers
It’s natural to have a strong emotional response to a notice of proposed removal. You career and your future employment are at stake. While you may want to vent complain, avoid any mention of the notice with your co-workers or your boss.
Do not engage in any informal discussions about the notice in person or via text or email. What you say could negatively affect your options for mitigation.
3. Secure All Evidence
Save and make copies of the notice as well as any evidence or documents included with the notice. You will also want to save any relevant emails, work communications, calendar entries, performance reviews, and discussions with your supervisor(s). Take screenshots of any evidence you are unable to download yourself.
4. Speak with a Federal Employment Law Attorney
Contact the employment lawyers here at The Bell Law Group to discuss your notice and present relevant evidence. Our attorneys can determine the best course of action to take next and answer any questions you have about the process ahead.
5. Request Any Supporting Materials
You will generally be allowed to review any materials from the agency that will be used to support the proposed action. This includes investigation reports, statements from witnesses, time records, and emails regarding the matter. Request these materials and have your lawyer review them.
6. Determine Whether to Submit Reply and How
When you submit your written or oral reply (or both a written and oral reply), it can serve as the foundation for the agency’s decision and your subsequent appeal. Our lawyers can help you determine the best way to respond, how to phrase and prepare your response, and what documents you can provide for a compelling case.
Decoding the Charges in a Notice of Proposed Removal
The notice may include various reasons for proposed termination. A few common reasons that appear in these notices include:
- Conduct-Related Charges: This includes insubordination, harassment, disrespectful conduct, and conduct unbecoming.
- Performance/Compliance-Related Charges: This includes failure to follow instructions, security violations, unauthorized disclosure, and negligence.
- Technology/Property Misuse Charges: This includes misuse of government equipment, improper use of a government computer, and unauthorized access.
- Integrity-Related Charges: This includes misrepresentation, falsification, timecard fraud, and lack of candor.
- Attendance-Related Charges: This includes excessive absenteeism, frequent tardiness, and AWOL (Absent Without Leave).
If you need additional help figuring out why you’re facing possible termination from your agency, The Bell Law Group can help decode your notice and discuss what steps you can take next.
Should I Resign Immediately After Receiving a Notice of Proposed Removal?
Generally, no, you should not resign immediately and should at least speak with a lawyer or union rep before making that decision.
The Myth of a Clean Record Through Voluntary Resignation
Some federal employees resign after receiving a notice of proposed removal because they believe their employment record will be clean or they feel that termination is inevitable. However, resignation in lieu of removal does not clean your employment record or erase any allegations, investigations, or red flags.
The bottom line: preemptively resigning can still affect future employment and security clearances.
Before making any decisions that could impact your career in the future, speak with the federal employment law attorneys at The Bell Law Group. We can help you make informed and carefully considered decisions after you’ve received a notice of proposed removal.
Appeals Before the Merit Systems Protection Board (MSPB)
If the agency reviews your reply and decides to move forward with termination, you can file a complaint with the U.S. Merit Systems Protection Board (MSPB). The MSPB is an independent agency within the Executive Branch responsible for resolving disputes that involve the federal Merit System Principles (MSPs) and Prohibited Personnel Practices (PPPs).
An MSPB attorney at The Bell Law Group can help you file your complaint and guide you through the process.
What Are the Douglas Factors? How Do They Apply to My Case?
The Douglas Factors are a set of considerations that federal agencies and officials use when evaluating whether disciplinary actions were reasonable. They come from the Douglas v. Veterans Administration MSPB decision in 1981.
The 12 factors are:
- The severity, nature, and frequency of the offense
- The employee’s job level and type of employment
- The employee’s past disciplinary record
- The employee’s past work record (i.e., length of service, job performance, dependability, and rapport with co-workers)
- The effect of the offense on the employee’s ability to perform their job
- Consistency of the penalty with other workers for the same or similar offenses
- Consistency of the penalty with any applicable agency table of penalties
- The notoriety of the offense and/or its impact on the agency’s reputation
- The clarity with which the employee was warned of their conduct or given notice of any rules that were violated
- Potential for the employee’s rehabilitation for their behavior
- Mitigating circumstances regarding the offense (e.g., personality problems, mental impairment, unusual job tensions, harassment, etc.)
- The adequacy and effectiveness of alternative sanctions to deter this type of conduct in the future
The Potential Outcomes of an MSPB Complaint
The possible outcomes of a federal MSPB complaint are as follows.
- Reversal of the Agency’s Decision (with Appropriate Remedies): This means that the MSPB fully or partially reverses the agency’s removal decision.
- Affirmation of the Agency’s Decision: This means that the MSPB fully side with the agency’s removal decision.
- Settlement Between the Parties: This means that MSPB arranges a settlement between the agency and the former employee.
What If the MSPB Affirms the Agency’s Removal Decision?
If the MSPB affirms the agency’s removal decision, you do have additional options to appeal this decision. These include:
- Filing a Petition for Review (PFR)
- Filing an Appeal in the U.S. Court of Appeals for the Federal Circuit
- Filing an EEOC Appeal or a Complaint in U.S. District Court (in “Mixed Cases”)
For a more detailed exploration on these issues, we encourage you to read our blog post on the potential outcomes of an MSPB complaint.
How an Attorney Can Help After You Receive a Notice of Proposed Removal
Receiving a notice about termination or impending disciplinary actions can be stressful. As a federal employee, you’ve worked hard to get where you are, and termination could jeopardize your career, future benefits, and even employment in the private sector.
A federal employment lawyer can provide answers to any questions you have and help work out the best way to address your notice. If you do wind up getting fired from your job, your attorney can help file an MSPB complaint and help guide you through that process.
Don’t go it alone with so much at stake. The Bell Law Group is on your side.
Why Federal Workers Trust The Bell Law Group
Established in 2002, The Bell Law Group has helped many public servants facing disciplinary actions. We know how to address allegations of misconduct and non-performance issues, and can assist in crafting a strong reply to a notice of proposed removal.
We Focus on Employment Law
Some legal practices spread themselves thin and handle different kinds of cases. The Bell Law Group is not like that. Our lawyers focus on New York employment law and the rights of federal employees all over the country.
We’ll keep tabs on federal workers rights in 2026 and beyond. This focus allows us to protect the rights of federal employees and the integrity of the agencies they work for.
Our Lawyers Have Over 100 Years of Combined Experience
The attorneys at The Bell Law Group have over a century of combined experience. While we have offices in New York and New Jersey, our employment lawyers have fought for federal workers nationwide.
Members of our team have been featured in the Wall Street Journal and have made appearances on numerous news affiliates throughout New York.
We Have a Record of Fighting for Federal Workers
For over two decades, The Bell Law Group has fought for workers who were terminated or faced unwarranted disciplinary actions. We filed a case with the MSPB for a fired federal employee and eventually reached a settlement with the agency totaling $350,000. Our firm also represented a federal employee who was terminated after 19 years. In a favorable verdict, we were able to get him his job back as well as compensation for back pay and legal fees.
We encourage you to look at our employment law case results to get a sense of what we’ve been able to achieve for hard-working folks just like you.
We Offer Free and Confidential Consultations
Many public servants are afraid of speaking with an attorney about their situation. They’re worried about how much it will cost to meet with a lawyer and that details could leak and jeopardize their career in the government and the private sector.
The Bell Law Group provides federal workers with free and confidential case evaluations. You pay nothing to discuss your work situation, all details we discuss will remain private. There’s absolutely no pressure or obligation.
Contact the Team at The Bell Law Group
Do not delay. Speaking with a lawyer will help give you a better understanding of what’s at stake and the ability to identify the best path forward. The Bell Law Group is here to help and offer answers. For a free and confidential consultation, contact our employment law firm today.
