Failure to Follow Instructions

To charge a federal employee with a Failure to Follow Instructions, the Agency must show:

1. An instruction or order was issued
2. The Agency was entitled to have the instruction followed; and
3. The employee did not follow the instruction.

If the instructions given were in writing (i.e. emails, employee handbooks, memos), it will be difficult for the federal employee to dispute notice unless he or she can show that the information was not readily available to them.

In determining whether an instruction given was appropriate, the MSPB looks to analyze whether the instruction(s) asked of the employee would place the employee in danger or cause irreparable harm. In deciding whether the employee actually followed the instruction(s) asked, the Board takes a closer look at the facts involving a particular case. Sometimes, an employee may argue that they attempted to follow the instruction to the best of their ability, or did not carry the intent NOT to follow the instruction. These types of issues are analyzed and decided upon by the MSPB should the employee decide to appeal the personnel action.

The federal employee attorneys at Melville Johnson, P.C. are highly experienced in MSPB matters such as these, and are willing and able to assist you in your federal employment legal matters. Call or message us today to discuss your situation and learn how we can assist you.