Mitigating Penalties for Federal Employees

Melville Johnson

April 2, 2020

In determining the reasonableness of the penalties issued by the federal agency, the Merit Systems Protection Board's (MSPB) penalty analysis will be governed by Douglas v.Veterans Administration.[1] In Douglas the MSPB held that twelve (12) factors (“Douglas factors”) must be considered when evaluating possible penalties for disciplinary cases involving federal employees. The twelve (12) Douglas Factors are listed below in a condensed format. (Please note: This is not an all-inclusive list. Refer to the MSPB website for a more detailed description of the factors.)

The nature and seriousness of the offense, and its relation to the employee’s duties, position, and responsibilities
Employee’s job level and type of employment
Employee’s past disciplinary record
Employee’s past work record
Effect of the offense upon the employee’s ability to perform at a satisfactory level
Consistency of the penalty with those imposed upon other employees for the same or similar offenses
Consistency of the penalty with any applicable agency table of penalties
Notoriety of the offense or its impact upon the reputation of the agency
Clarity with which the employee was on notice of any rules that were violated in committing the offense
Potential for the employee’s rehabilitation
Mitigating circumstances surrounding the offense; and
Adequacy and effectiveness of alternative sanctions to deter such conduct.

To learn more, read our Douglas Factors blog post.

It is important that the federal supervisor ensures that the penalty is fair and reasonable. If a penalty is disproportionate to the alleged violation or is unreasonable under Douglas, it is subject to being reduced or reversed by the MSPB, even if the charges would otherwise be sustained.[2]

The federal employee attorneys at Melville Johnson, P.C. have expertise in litigating MSPB penalties issued against federal employees, and are willing and able to assist you with your legal needs. Call or message us today to discuss your situation and learn how we can assist you.

[1] 5 M.S.P.R. 280,305-06 (1981).

[2] Id.

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.

Back to Blog

what our clients are saying

“I really appreciate how much Melville Johnson cared about my case. From the very beginning of the process, their federal employee attorneys were friendly and very informative. We won the case, and they were even helpful afterwards, answering any questions or concerns. Thank you Melville Johnson, and I will definitely pass your good work along to others in need.”
- Jim R.

“Despite the complexity of my situation, Melville Johnson took on my claim and immediately put me at ease with a clear demonstration of their expertise with EEO law. From the very start, the firm’s team members have been amazing to work with—hardworking, honest and extremely trustworthy. I would recommend them to anyone who needed this type of legal assistance!”
- Bridget B.

“As a person with a disability working for the federal government, I knew I needed to get the right legal professional assistance for my case. And while the process could have been tedious and overwhelming for a layperson without much legal knowledge, Melville Johnson alleviated all the potential stress involved by taking the guesswork out of my hands. With their help, I received disability approval in record time! I want to thank you for the superior work your firm performed. From my very first contact, your Client Intake Manager took the time to answer all of my initial questions and provide detailed information at every turn. And your attorneys showed nothing but professionalism and kindness throughout the process.”
- Sandra B.

“The consummate professionals at Melville Johnson work closely with you to ensure your rights are being protected. As a current federal employee, I found myself in a situation where the job I was asked to do didn’t match the position description for which I was hired nor the compensation I deserved. With the firm’s help, I was able to obtain back pay and transfer into a position that matched the job I was performing."
- L.M.