If Your Federal Employment Is At Risk
A federal employee must never take lightly the proposal of disciplinary employment actions. It is too easy to fall into a trap that leads to dismissal with accompanying loss to one’s reputation. We are experienced defense lawyers at Foley & Wilson Law Firm. We welcome the opportunity to come on board as early in the process as possible when you are facing any of these challenges:
- A misconduct investigation aimed at proving that allegations of wrongdoing have a basis in fact
- Disciplinary actions, including a short or indefinite suspension with or without pay
- Performance-based scrutiny, which may include the imposition of a performance improvement plan (PIP) followed by a performance appraisal period (PAP)
Federal agency investigations are conducted when there is a suspicion of wrongdoing or misconduct by a federal employee. These investigations are typically carried out by the Office of the Inspector General (OIG) within the agency. Some Agencies begin inquiries within their own Agency (Internal Affairs Office –IA — or Office of Professional Responsibility — OPR — for example) and alert their OIG if necessary.
The OIG is an independent organization within the agency that is responsible for investigating allegations of fraud, waste, abuse, and misconduct involving agency programs and operations. The OIG has the authority to conduct audits, evaluations, and investigations, and to make recommendations for corrective action.
If an OIG investigation uncovers evidence of criminal activity, the matter may be referred to the Department of Justice for prosecution. In addition, if the OIG finds that an employee has engaged in misconduct, the agency may take disciplinary action, including termination of employment, suspension, demotion, or reassignment.
It is important to note that federal employees are entitled to due process rights in any investigation or disciplinary action taken against them. This includes the right to notice of the allegations against them, the right to respond to the allegations, and the right to appeal any adverse action taken against them.
Overall, federal agency investigations are conducted to ensure that federal employees are held accountable for any wrongdoing or misconduct, and to maintain the integrity of the agency and its programs.
If you are facing any such bump in the road at your federal place of employment, we are determined, well-prepared and ready to ensure your rights are protected. Together or separately, we, attorney Robert Foley, a retired FBI special agent and attorney Desiree Wilson, a former federal prosecutor, and the rest of our litigation team, have the knowledge and tools necessary to give you confidence and implement proven defense strategies when your federal employment is potentially in trouble.
How We Can Make A Difference As Defense Lawyers
All of the Special Agent Attorneys with Foley and Wilson have significant experience with the OIG process and bring that experience to your defense. We are ready to start right away protecting your rights when you face administrative or adverse actions by your federal employer. We will stand up for your interests through:
- Insistence on due process before an adverse or disciplinary action becomes a reality
- Clarification of the proposed disciplinary action
- Careful review of letters of warning, reprimand or counseling by superiors
- Insistence on your right to review materials used to arrive at the decision to propose adverse or disciplinary action
- Effective interactions with the investigator in charge of your case, whether that person is a supervisor, human relations (HR) office representative, federal agency investigator or contracted investigator
We can represent you in hearings, keep track of deadlines, advise you on whether to sign waivers or warnings that you are asked to sign, respond on your behalf to communications about disciplinary actions and otherwise assist you as follows:
- Verify that you are given a reasonable opportunity to improve your performance, correct wrongdoing through restitution, or otherwise do your part to meet the challenge
- Advocate on your behalf before any agency or forum associated with your case, such as in negotiations or hearings involving the DOJ’s Office of Professional Responsibility (OPR), the Department of Justice, Office of Inspector General (OIG), the Office of Professional Responsibility, Internal Affairs (OPR-IA) or others
- Help you stand up for your right to whistleblower protection if your disciplinary or adverse action is apparently the result of retaliation
Ultimately, we will aim to guide you to a satisfactory conclusion of the challenge – even if it culminates in dismissal with favorable terms such as a severance package. For many clients, we achieve more favorable outcomes. Throughout your case, we will also keep vigil over any publicity that may affect your reputation and stop leaks and slander in their tracks as needed.
Turn To Foley & Wilson Law Firm
Get comprehensive counsel and reliable representation when you are placed under the shadow of accusations, investigations or disciplinary actions with your federal employer.
Call Foley & Wilson Law Firm. at 239-984-9115 or inquire online to schedule a consultation.