Facing discipline as a federal employee can be one of the most stressful experiences of your career. Whether you’ve received a five-day suspension, a proposed demotion, or an indefinite removal, the uncertainty can be overwhelming. You’ve dedicated your life to public service, and suddenly, it feels like your agency has turned against you.

At the National Security Law Firm (NSLF), we understand that feeling. Many of our attorneys once worked inside the same federal agencies now targeting your career. We’ve been the deciding officials, the agency counsel, the prosecutors, and the insiders who understand how federal disciplinary systems work. That perspective gives our clients a strategic advantage—and it’s the reason we win cases others would walk away from.

This guide will walk you through everything you need to know about federal suspensions, demotions, and removals, from short-term discipline to indefinite actions. You’ll learn what the agency must prove, what your rights are, and how our federal employment lawyers maximize case value and outcomes at every stage.

Understanding the Federal Adverse Action Framework

Federal disciplinary law is governed by Title 5 of the United States Code and its implementing regulations. These actions fall under two categories:

In both cases, due process is not optional—it is a constitutional right. Before an agency can discipline, demote, or remove you, it must:

  1. Provide written notice of the proposed action.

  2. Give you access to the materials relied upon.

  3. Allow you a chance to respond (in writing and often orally).

  4. Issue a final written decision by a higher-level deciding official.

These procedural rights are codified in 5 C.F.R. Part 752 for adverse actions and 5 C.F.R. Part 1201 for appeals to the Merit Systems Protection Board (MSPB).

Suspensions: From 5 Days to 14 Days and Beyond

A suspension is the temporary removal of an employee from duty, usually without pay. It can last from a few days to indefinitely, depending on the alleged misconduct or pending circumstances.

Suspensions of 14 Days or Less

These are considered “disciplinary actions” rather than “adverse actions.” The procedural protections are slightly reduced—but not eliminated.
You must still receive notice and an opportunity to respond, but these cases are not appealable to the MSPB (except for certain whistleblower or discrimination claims). You can, however, challenge them through internal grievance procedures or an EEO complaint if discrimination or reprisal is suspected.

Suspensions Over 14 Days

A suspension longer than 14 days is an “adverse action” under 5 U.S.C. § 7512.
This means:

  • You are entitled to a full written proposal and reply opportunity.

  • The deciding official must be impartial.

  • The agency must prove its case by a preponderance of the evidence.

  • You can appeal to the MSPB for a full evidentiary hearing.

Indefinite Suspensions

An indefinite suspension is one of the harshest actions short of removal. It can continue until a pending event is resolved—such as a criminal charge, medical evaluation, or security clearance suspension.
Although indefinite suspensions are technically temporary, they can last months or years. Agencies often misuse them as “safe” alternatives to immediate removal. But the MSPB requires agencies to meet strict criteria: there must be an immediate concern for the efficiency of the service and a valid reason the suspension must remain open-ended.

At NSLF, we frequently see indefinite suspensions tied to security clearance issues. Because our attorneys also specialize in national security law, we’re uniquely positioned to coordinate both the clearance defense and the employment appeal—ensuring no part of your case is left behind.

Demotions: The Overlooked Adverse Action

A demotion (also called a reduction in grade or pay) can be as devastating as a removal. It affects your salary, career progression, and reputation.
Agencies must follow the same procedural requirements as for removals: notice, evidence disclosure, reply, and final decision.

There are two major bases for demotion:

  1. Performance-based demotions under 5 U.S.C. § 4303, where the agency claims you failed to meet critical elements after a Performance Improvement Plan (PIP).

  2. Conduct-based demotions under 5 U.S.C. Chapter 75, alleging misconduct such as insubordination, misuse of property, or falsification.

Understanding the distinction matters. Under Chapter 43 (performance), the agency must show you were given a fair opportunity to improve. Under Chapter 75 (conduct), they must show a nexus between your alleged conduct and the efficiency of the service.

A skilled MSPB lawyer will identify which statute applies—and whether the agency met its burden. Many demotions can be reversed or mitigated if the agency used the wrong legal framework.

Removals: The Ultimate Adverse Action

A removal is the government’s equivalent of termination. It permanently ends your federal employment. Because the stakes are so high, removals are subject to full MSPB review.

The Agency’s Burden

To sustain a removal, the agency must prove:

  1. The charged conduct occurred.

  2. A nexus exists between the conduct and the efficiency of the service.

  3. The penalty is reasonable, considering the Douglas factors.

The Douglas factors—a set of twelve considerations established in Douglas v. Veterans Administration, 5 M.S.P.R. 280 (1981)—govern whether a penalty is proportionate. They include your length of service, disciplinary history, potential for rehabilitation, and consistency with other penalties.

Many employees mistakenly assume their only hope is total exoneration. In reality, skilled federal removal lawyers can often secure reinstatement, back pay, or a reduced penalty through mitigation. The goal is not only to defend you—but to maximize your outcome, whether through reinstatement, resignation with benefits, or clean-record settlements.

How Agencies Think: Inside the Decision-Making Process

Understanding how agencies and deciding officials think is the key to a winning defense. Having served inside federal agencies, NSLF attorneys know the unspoken dynamics:

  • Proposing officials often receive HR and counsel guidance before issuing the notice.

  • Deciding officials rely heavily on internal penalty tables and precedent.

  • Agency counsel assess how a case would appear before the MSPB and weigh risk.

When NSLF builds your defense, we target those pressure points. We don’t just argue the facts—we expose procedural weaknesses, identify comparative discipline disparities, and present compelling mitigation that forces decision-makers to reconsider.

The Role of Mitigation: Turning a Removal into a Suspension

Not every case can be dismissed entirely—but nearly every case can be improved.
Mitigation is the art of reducing penalties through evidence of rehabilitation, good service, or disparate treatment. MSPB judges expect a well-developed mitigation argument tied to the Douglas factors.

At NSLF, our team builds these mitigation narratives with precision. We analyze comparator employees, extract data through discovery, and build evidentiary records that make harsh penalties indefensible. The result: lower penalties, settlements with clean SF-50s, or full reversals with back pay.

Appeals and Remedies

Merit Systems Protection Board (MSPB)

If you receive a final removal, demotion, or suspension over 14 days, you have the right to appeal to the MSPB.

  • You must file within 30 days of the decision’s effective date.

  • You’ll receive a hearing before an administrative judge.

  • You can recover reinstatement, back pay, attorney fees, and corrections to your record.

Equal Employment Opportunity (EEO)

If discrimination or retaliation played a role in your discipline, you can pursue an EEO complaint simultaneously. This creates a “mixed case,” which can proceed through either the MSPB or EEOC.

Settlement and Last Chance Agreements

Many federal employees can resolve adverse actions through settlement or Last Chance Agreements (LCAs). These agreements preserve benefits and allow a “clean record” in exchange for conditions such as future compliance.
At NSLF, we negotiate these strategically to maximize your case value—not just to end it quickly.

How NSLF Maximizes Case Value and Outcome

Our mission is simple: protect your career, your pension, and your reputation. But we go further—our attorneys maximize case value by identifying every compensable issue, every procedural flaw, and every strategic opportunity.
For example:

  • Challenging improper notice or lack of evidence.

  • Linking your case to discrimination or whistleblower protections for broader relief.

  • Negotiating reinstatement plus back pay, not just penalty reduction.

  • Pursuing attorney fee awards and corrected records.

We approach every case like a military operation—methodical, precise, and relentless.

Why Choose Our Federal Employment Attorneys

At National Security Law Firm, our attorneys don’t just practice federal employment law—they lived it.
Our team includes former agency attorneys who spent decades advising and defending the very agencies now facing scrutiny.

  • Jeff Velasco brings over 25 years of experience, including two decades as a Supervisory Attorney-Advisor at TSA, where he led one of the agency’s largest litigation teams.

  • Danielle Moora, former Senior Counsel at TSA and CBP, earned multiple DHS Secretary’s Awards for excellence in federal court and employment discrimination litigation.

  • Karen Hickey, a DHS and FTC alumna, brings two decades of federal litigation and regulatory experience, handling complex civil and employment cases before district and appellate courts.

Together, this powerhouse team has over 60 years of combined federal service. They know how agencies think—and how to hold them accountable.
We serve clients nationwide, offer flexible payment plans through Pay Later by Affirm, and are proud of our 4.9-star Google rating from clients who trusted us with their careers.

Federal Employment Defense Resource Hub

Looking for more step-by-step guidance? Visit our Federal Employment Defense Hub.
It’s packed with in-depth articles, insider strategies, and practical tools to help you take control of your case.

For further reading, see our popular guide: Finding the Best Federal Employment Lawyer—Why Local Isn’t Always Better.

Book a Free Consultation

Your job, pension, and reputation are too important to risk. Don’t face the government alone.
Our federal employment lawyers will assess your case, explain your options, and build a clear strategy to protect your future.

👉 Book your free consultation to get started today.

National Security Law Firm: It’s Our Turn to Fight for You.