Question 1

An agency just gave me a notice of proposed removal. What are my procedural rights?

Accepted Answer

Under 5 USC 7513 / Chapter 75, you're entitled to at least 30 days advance written notice, the materials relied on, the right to reply orally and in writing, the right to representation, and a written decision addressing the Douglas factors.

Question 2

Can I be put on a PIP and removed within 30 days? How does Chapter 43 differ from Chapter 75?

Accepted Answer

Chapter 43 governs performance-based actions and requires a reasonable opportunity to demonstrate acceptable performance before removal. Chapter 75 governs misconduct and uses a preponderance-of-evidence standard with the full Douglas factors analysis.

Question 3

I'm a probationary employee. Do I have any appeal rights if I'm terminated?

Accepted Answer

Probationary employees generally have very limited MSPB appeal rights, but exceptions exist for terminations based on partisan political reasons, marital status, pre-appointment reasons under 5 CFR 315.805, and discrimination or whistleblower retaliation claims.

Question 4

I reported what I believe is fraud to my IG. What protects me from retaliation?

Accepted Answer

The Whistleblower Protection Act (5 USC 2302(b)(8)) prohibits retaliation for disclosures to an Inspector General of fraud, waste, abuse, or violations of law. You can file a complaint with OSC and seek corrective action through MSPB.

Understand the rules your agency has to follow.

Try a starter question

Or analyze a document