ADVERSE ACTION AND PERFORMANCE ACTION REPLIES

The best time to avoid a disciplinary charge or performance problem becoming an MSPB appeal or EEO complaint is through a reply to a proposed disciplinary or performance action at the facility level. If the agency can be convinced to drop the proposed action, or to find an amicable alternate solution (settlement or abeyance agreement), the employee is spared further distress, litigation, and expense. Replies can be verbal, written, or both. Effective replies require effective analysis and presentation of defenses to charges and supporting evidence. We provide replies for employees in many different agencies, occupations, and professions.

VA DISCIPLINARY APPEALS BOARDS AND GRIEVANCE PROCEEDINGS

For medical professional employees of the Department of Veterans Affairs (Veterans Health Administration), discharge cases involving patient treatment and clinical competence are generally reviewable by Disciplinary Appeals Boards, which oversee the compilation of administrative records and then hold hearings and decide cases with limited higher level review at VA headquarters. Our representation includes defense of medical professionals to charges brought at the facility level prior to the time of the decision, initiation of an appeal to a DAB, prehearing procedures, and a hearing before the DAB. For medical professionals whose disciplinary actions are not within the jurisdiction of a DAB, we provide representation through the VA grievance process.

SCOPE OF REPRESENTATION

Most of our representation is for individuals. We represent unions for issues that develop during the bargaining relationship and on a case-by-case basis. We provide advice or representation to federal agencies—usually small agencies that need counsel specialized in civil service law or larger agencies with a conflict of interest within a management group or within agency counsel's office.

The scope of our representation is defined in a written retainer agreement that is generally developed with the client after our intake and consultation.