For many federal employees, public service represents not only a career but a commitment to stability, structure, and purpose. However, when misconduct allegations arise, that foundation can feel suddenly and unfairly shaken. These charges often carry serious consequences—threatening your career, financial security, and professional standing.
Fortunately, federal employees are not without recourse. There are several common defenses against federal employee misconduct charges, and when strategically asserted, they can provide a clear path toward resolution. Whether your case involves procedural errors, baseless allegations, or discriminatory retaliation, a focused legal strategy can make all the difference.
What Are Common Defenses Against Federal Employee Misconduct Charges?
When a federal employee is charged with misconduct, several legal defenses may be raised depending on the circumstances. These defenses can protect your job, your record, and your future. Here are some of the most common and effective ones:
- Lack of evidence. The agency must have sufficient evidence to prove its allegations before the Merit Systems Protection Board. If the evidence is weak, contradictory, or speculative, the charge may not hold.
- Procedural errors. Your agency violated your due process rights or failed to follow required Civil Service Reform Act procedures. Violating due process can be grounds for a charge to be reversed.
- Disparate treatment. If similarly situated employees engaged in the same or worse conduct but received lesser penalties—and there’s no valid reason for the difference—that may be evidence of discrimination or retaliation, such as for whistleblowing.
- Violation of disability or religious rights. If the misconduct is related to a medical condition or religious belief and the agency failed to provide a reasonable accommodation, you may have a defense under the Rehabilitation Act or Title VII of the Civil Rights Act.
- Protected activity. Federal employees are protected from retaliation for whistleblowing or participating in EEO activity under the Whistleblower Protection Act (WPA) and Title VII. Proving retaliation in federal employee misconduct cases can help defend against an agency’s proposed disciplinary action.
Rushed or overburdened agencies often overlook these common defenses against federal employee misconduct charges. But a skilled attorney knows how to apply them strategically. That’s why working with a federal employment advocate and building your case early on is essential.
What Are Strategies to Challenge Federal Disciplinary Actions?
Successfully challenging a disciplinary action requires more than just disagreeing with the agency. Some strategic steps to take include:
- Invoking appeal rights. Most career federal employees can appeal major adverse disciplinary actions to the Merit Systems Protection Board (MSPB). Filing an appeal through agency or union grievance procedures or through an EEO complaint may be a key alternative for challenging actions that don’t qualify for MSPB appeals.
- Requesting evidence. Agencies must generally provide all documentation supporting the charge when you request it. They may violate your due process rights if they fail to disclose it.
- Calling witnesses and cross-examining agency officials. If your case goes before the MSPB, you can cross-examine agency witnesses and present your own, which can uncover flaws or exaggerations in the agency’s case.
- Submitting medical or expert reports. Supporting documentation can be crucial in cases involving alleged poor performance or behavior linked to a medical condition.
- Challenging the penalty. Even if some misconduct occurred, that doesn’t mean the agency is justified in imposing the maximum penalty. Successfully challenging the severity of the action may help mitigate your penalty.
- Using precedents. A strong defense often involves citing prior MSPB decisions where employees in similar situations received lighter penalties or were exonerated.
Ultimately, what is the strongest strategy for challenging a misconduct charge? Seeking legal representation. Federal employment law is complex, and disciplinary hearings are high-stakes. Having an experienced attorney on your side can make a significant difference. A good lawyer can challenge weak evidence, uncover procedural errors, and build the strongest defense possible.
How Long Do I Have to Appeal Federal Employee Misconduct Charges to the MSPB?
Timing is everything when defending against misconduct charges. If you’ve been removed, demoted, or suspended for more than 14 days, you typically have 30 calendar days from the effective date of the action to file your appeal with the MSPB. Missing this deadline can result in losing your right to challenge the agency’s decision.
The MSPB appeals process moves quickly and requires detailed legal knowledge. From the moment you receive a proposed disciplinary action, every step you take—or fail to take—can impact the outcome. That’s why working with a lawyer who understands how the MSPB operates is so important.
Legal Defenses for Federal Workers Facing Misconduct Claims FAQs
Can I Challenge a Misconduct Charge If I Believe It Is Unfair or Incorrect?
Yes. Depending on your case, you can challenge disciplinary actions through internal processes, the MSPB, the EEOC or OSC.
What Evidence Do I Need to Defend Against a Federal Disciplinary Action?
Emails, timelines, witness statements, medical records, and performance reviews are all critical forms of evidence.
What Are the Most Effective Ways to Challenge a Federal Disciplinary Action?
The most effective ways include hiring an attorney, requesting all case documentation, uncovering bias or retaliation, and appealing to the MSPB.
You Don’t Have to Face This Alone
At the Federal Employment Law Firm of Aaron D. Wersing, PLLC, we bring deep experience and singular focus to the complex world of federal employment law. Our nationally recognized firm proudly holds distinctions such as the AVVO Client’s Choice Award, and Super Lawyers recognition. Whether you’re dealing with a proposed removal, a suspension, or a hostile work environment, we know how to navigate the system and fight for your rights. Contact our firm today for a consultation.
Aaron Wersing, Attorney at Law
Aaron Wersing is the founder of the Law Office of Aaron D. Wersing. Mr. Wersing graduated from the Georgia State University College of Law with a Doctorate in Jurisprudence and was the recipient of the CALI Excellence for the Future Award. Mr. Wersing previously attended the University of Georgia, where he received a Bachelor of Business Administration degree in Accounting. Mr. Wersing is an active member of his local community. Mr. Wersing acts as a volunteer attorney with Houston Volunteer Lawyers, the pro bono legal aid organization of the Houston Bar Association. He is also a member of professional legal organizations such as the National Employment Lawyers Association and the American Inns of Court. To reach Aaron for a consultation, please call him at (833) 833-3529.
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