Engaging in a Prohibited Relationship

Melville Johnson

October 29, 2020

The charge of Engaging in a Prohibited Relationship is similar to the Conflict of Interesting charge. Generally, this charge concerns a consensual involvement between an employee and another.

In order to establish this charge, the federal agency must prove that: (1) the employee had a relationship with a person in his or her care or with a person in a fiduciary relationship; and (2)the relationship violated agency regulations, policies, or procedures, including a failure to gain an exception, if permissible.[1]

Key defenses to this charge center around whether the federal employee was on notice of any prohibited conduct, whether the conduct alleged has been proven, and whether the conduct is prohibited by agency regulations. Therefore, it is very important to review the Federal Agency’s policy to be sure whether the conduct is addressed and appropriate. While notice is not usually required for relationships that are apparently improper, in more ambiguous cases, the agency may be required to prove that notice was given.

The federal employment attorneys at Melville Johnson, P.C., have years of expertise on federal sector employment matters such and these, and are well qualified to assist you with your legal needs. Contact us today at 404 724 0000!

[1] Reynoldsv. VA,75 M.S.P.R. 509 (1997).

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This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.

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(404) 724 - 0000

115 West Peachtree Pl. N.W. Unit 1
Atlanta, Georgia 30313