Disciplinary and Adverse Actions
Most federal managers have the authority to take disciplinary or adverse actions against their employees. These actions are generally used to address behavior that a manager believes is inappropriate or unprofessional. These actions could impact your pay and continued employment with the government.
I can assist in all stages of the disciplinary and adverse action process. As a former federal human resources professional, I have extensive experience drafting and reviewing disciplinary and adverse actions. I understand the procedures that managers must follow, the standards that must be met, and the evidence that is required to uphold a disciplinary or adverse action. My legal advice can guide you in your response to a proposed action, and if necessary, continue to guide you through the grievance, Merit Systems Protection Board (MSPB), Equal Employment Opportunity (EEO), or Office of Special Counsel (OSC) process to contest the action. Contact me directly for a free, initial consultation. You can also learn more about disciplinary and adverse actions in the question-and-answer section below and by visiting the Tyler Employment Law blog.
Questions & Answers with Emily
What types of actions are considered disciplinary or adverse actions?
"Disciplinary action" and "adverse action" have very specific definitions in the government.
Adverse actions include the following:
Suspensions over 14 days,
Demotions (also known as a reductions in grade or reductions in pay), and
Removal from federal service.
Disciplinary actions are lesser formal actions and include the following:
Suspensions of 14 days or less, and
Letters of Reprimand.
Suspensions, demotions, and removals may be proposed for employee misconduct (under 5 U.S.C. chapter 75). Demotions and removals may also be proposed for poor performance (under 5 U.S.C. chapter 43).
Be aware that your agency may use other informal actions to address conduct or performance issues (for example, letter of admonishment, letter of caution, letter of counseling, or letter of expectations). These types of actions do not have as lasting or as significant of an impact as the disciplinary and adverse actions listed above; however, you may still have ways to contest these lesser actions.
What rights do I have if I receive one of these actions?
It depends on the type of action.
Suspensions (for any length of time), demotions, and removals require the government to provide most employees with due process. This means that the government must notify you in advance and give you an opportunity to respond. These rights are required by statute and by Office of Personnel Management (OPM) regulations. Due process looks different depending on the type of action.
For suspensions less than 14 days, most employees must receive the following:
Advance notice of the proposed action, stating the specific reasons for the action,
A reasonable amount of time (no less than 24 hours) to reply orally and in writing,
Representation by an attorney or other representative, and
A written decision, stating the specific reasons for the decision, at the earliest practicable date.
For suspensions over 14 days, demotions, and removals, most employees must receive the following:
At least 30 days advance notice of the proposed action, stating the specific reasons for the action,
An opportunity to review the evidence relied upon in the proposed action,
A reasonable amount of time (no less than 7 days) to reply orally and in writing,
Representation by an attorney or other representative, and
A written decision, stating the specific reasons for the decision, at the earliest practicable date.
If one of the actions described above is imposed on you, you may be able to appeal it to the Merit Systems Protection Board (MSPB). Review the MSPB Appeals section for more information on this process.
In contrast, due process is not required for letters of reprimand. Agencies are not required to provide advance notice or an opportunity to respond before issuing a letter of reprimand. However, you may be able to contest a reprimand through these avenues:
Negotiated or administrative grievance procedure,
Equal Employment Opportunity (EEO) complaint process (if you believe the action was taken for discriminatory reasons), or
Office of Special Counsel (OSC) complaint (if you believe the action was taken as reprisal for protected whistleblower activity).
Review the following sections for more information on these processes: Grievances, EEO Complaints, and Whistleblower Protection.
Which employees are not entitled to due process?
Good catch. The government is required to provide most employees with due process. The government may not be required to provide due process to employees who are still serving in a probationary or trial period. Review the following section for more information on probationary and trial employees: Terminations during Probationary or Trial Period.
Additionally, employees who are serving in positions that are transitioned to Schedule Policy/Career (Schedule P/C) will also not be entitled to due process. OPM issued the final rule on Schedule P/C in February 2026, which states that employees in Schedule P/C positions will essentially be “at will” employees (meaning they could be terminated at any time without notice.) The government will not be required to provide due process to these employees, and these employees may not appeal personnel actions to the MSPB or file complaints with the OSC.