Being placed on administrative leave or notified that you’re under investigation is one of the most terrifying moments in a federal employee’s career. One day your job is steady; the next, your badge is taken, your computer access is revoked, and you’re escorted out of the building.

The agency may imply that this is “routine,” but make no mistake: administrative leave is a red flag that the government is developing a case.

You need the truth—not rumors. You need strategy—not fear.
And you need a Federal Employment Lawyer who has sat on the other side of these investigations inside DHS, TSA, CBP, DOJ, military commands, and other federal agencies.

At the National Security Law Firm, our attorneys know administrative investigations from the inside because we ran them, oversaw them, or advised the officials who designed these procedures. That insider knowledge is why we are the go-to firm for federal investigative actions—and why we consistently maximize case value and outcomes for clients.

You deserve to know how the system really works.

For more federal rights, visit our
👉 Federal Employment Law Hub: Nationwide Federal Employment Lawyers

What Administrative Leave Really Means Under Federal Law

Administrative leave (also called excused absence) is governed by OPM’s regulations and governmentwide policies. It is paid time off, but it is absolutely not a neutral event. Agencies use it to remove you from the workplace while they build a case.

Although the specifics vary, administrative leave is most commonly used for:

  • Misconduct investigations

  • Clearance-related concerns

  • Harassment allegations

  • Criminal referrals

  • Whistleblower retaliation (masked as performance issues)

  • Loss of trust/confidence allegations

The key takeaway:
Administrative leave is the agency’s early statement that something serious is happening behind the scenes.

And federal employees have rights.

Types of Investigations That Lead to Administrative Leave

Agency HR or Management Investigations

These occur when a supervisor believes misconduct occurred. They are informal—but extremely dangerous because they often lead to formal discipline.

EEO Investigations

If an employee files an EEO complaint, the accused employee may be placed on leave.

Learn more at the official EEOC site:
👉 EEOC Federal Sector Procedures

OIG Investigations

Inspector General investigations are serious, formal, and evidence-driven.
IGs have broad authority:

  • Compel testimony

  • Collect documents

  • Refer to DOJ and other authorities

This is where outcomes like removal, indefinite suspensions, or even criminal referrals originate.

Security Clearance Investigations

If the concern involves national security, the agency may suspend your access, leading to immediate administrative leave.

Learn more through official government guidance:
👉 National Security Adjudicative Guidelines 

OSC Whistleblower Investigations

If retaliation is suspected, OSC may step in.
Official site:
👉 OSC Whistleblower Protections

Your Rights While on Administrative Leave

Federal employees—except true probationary employees—cannot simply be removed without due process.

You retain:

  • Pay

  • Benefits

  • Right to representation

  • Right to respond before discipline

  • Right to review and rebut evidence

  • Right to file EEO or OSC complaints

  • Right to grieve procedural violations

  • Right to appeal to MSPB (if you have standing)

Learn more at:
👉 MSPB Appeals Overview

Even probationary employees often have more rights than agencies want them to believe.

What Federal Employees Should Never Do on Administrative Leave

  • Do not speak to coworkers about the investigation

  • Do not communicate with management informally

  • Do not provide statements without counsel

  • Do not ignore investigator contact

  • Do not delete emails, texts, or notes

  • Do not assume the agency will treat you fairly

The agency is preparing a case. You must prepare a defense.

Winning Strategy From a Federal Employment Lawyer

Here is exactly how NSLF helps federal employees turn investigations around.

1. Identify the Real Reason for Administrative Leave

Agencies often disguise the true basis:

“Conduct unbecoming”
“Loss of confidence”
“Investigatory purposes only”
“Pending review of your actions”

Our former agency attorneys know how to decode this.

2. Demand All Legally Required Notices

Agencies frequently violate rules regarding:

  • Notice

  • Evidence disclosure

  • Interview timing

  • Representation rights

These procedural violations become leverage.

3. Control the Investigative Narrative

Most employees ruin their cases at this step by talking too much.

We craft:

  • Statements (or strategic refusals)

  • Written responses

  • Factual corrections

  • Rebuttals tied to CFR standards

  • Requests for exculpatory evidence

4. Build a Documentary Defense File

This is critical and includes:

  • Timeline reconstruction

  • Supervisor contradictions

  • Email context

  • Performance history

  • Witness accounts

  • OPM/agency manual violations

5. Prepare for the Douglas Factors

Discipline often follows investigations.
Our attorneys use Douglas factor strategies to significantly reduce penalties or negotiate clean outcomes.

6. Use Settlement & Career-Value Maximization

Investigations can lead to:

  • Clean record agreements

  • Resignations without misconduct findings

  • Reassignments

  • Modified charges

  • Expungements

  • Financial settlements

We structure settlements to protect:

  • Your money

  • Your SF-50

  • Your retirement

  • Your reputation

  • Your future promotions

This is where NSLF’s insider background produces outcomes other lawyers cannot replicate.

How NSLF’s Insider Advantage Wins These Cases

At the National Security Law Firm, our attorneys aren’t just federal employment lawyers—we are:

  • Former DHS, TSA, CBP, DOJ lawyers

  • Former Agency Counsel

  • Former military JAGs

  • Former national security attorneys

  • Former DOHA adjudicators and government advisors

We know:

  • How agencies develop investigations

  • What investigators look for

  • The evidence that changes outcomes

  • How to beat the government’s narrative

  • How to negotiate the best possible resolution

Your agency has a strategy.
You need a stronger one.

For our full insider explanation, visit:
👉 Why National Security Law Firm

NSLF’s Attorney Review Board Gives You the Advantage

Every complex investigation goes through our internal war-room review process.

Learn more about how it works:
👉 NSLF Attorney Review Board

This means your case has:

  • Multiple attorneys strategizing

  • Insider experts reviewing evidence

  • Unified litigation planning

  • Pre-discipline pressure applied effectively

  • Higher settlement leverage

No other firm in the country offers this.

How to Choose the Best Federal Employment Lawyer

Investigations are won early. And most employees pick the wrong lawyer.

Use our official guide:
👉 The Ultimate Guide to Finding the Best Lawyer

Look for:

  • Insider government experience

  • Federal-only practice

  • Detailed strategy explanations

  • Transparent fees

  • Nationwide representation

  • Strong Google reviews (not paid badges)

NSLF meets all of these criteria.

Frequently Asked Questions (FAQs)

What does it mean if I’m suddenly told to stay home?

It means the agency believes something serious occurred and wants you away while they investigate.

Do I have to speak to investigators?

You have rights. In many cases, no—especially if the interview is poorly noticed or improperly structured.

Can I be fired while on administrative leave?

Yes—but only with due process and a formal proposal.

How long can administrative leave last?

Indefinitely, but improper delays can violate OPM policy and create leverage for settlement.

Will I lose my clearance?

Not automatically. Investigations and clearance reviews are separate processes.

Does this go in my permanent record?

Not unless formal discipline is issued, but administrative action often leads to long-term damage if not handled correctly.

Do probationary employees have any rights?

Yes—more than agencies imply. Misconduct allegations, retaliation, and certain discrimination actions create appeal rights.

Should I talk to coworkers about the investigation?

Never.

Will the union help?

Unions can help—but they cannot replace a Federal Employment Lawyer.

Can NSLF stop the investigation?

We can often control, limit, or redirect it—and frequently prevent discipline from ever issuing.

What if the investigation is retaliatory?

You may have whistleblower protections. See: OSC (official whistleblower site).

What happens if discipline is proposed?

You receive a proposal, then you have the right to submit a written reply and oral reply before a decision.

Can I negotiate a clean record?

Yes—and NSLF is known nationwide for this.

Why Choose NSLF

Learn why federal employees nationwide choose us:
👉 Why National Security Law Firm

NSLF’s advantages:

  • 4.9-star Google reviews from real clients

  • Former agency counsel, former military officers, former national security attorneys

  • We know the system because we were the system

  • Attorney Review Board

  • Transparent fees

  • Nationwide representation

  • D.C.-anchored, federal-only practice

  • Disabled veteran–founded

  • Elite negotiation and litigation strategy

  • We maximize case value and long-term career outcomes

Federal Employment Resource Hub

For more guides, visit:
👉 Federal Employment Law Hub

Book a Free Consultation

If you’ve been placed on administrative leave or notified of an investigation, contact us immediately. Waiting even a few days can permanently damage your case.

👉 Book a free consultation now

  • Free, fast, confidential

  • Nationwide representation

  • Insider attorneys who know your agency’s playbook

  • Transparent pricing + Affirm financing

  • Elite strategy from the first call

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