By the Federal Employment Lawyers at National Security Law Firm
Understanding Federal Disciplinary Actions in 2025
Federal employees work under one of the most complex disciplinary frameworks in the American workforce. Unlike private-sector workers, you are protected by statutory rights, regulatory procedures, constitutional due process, and layers of agency-specific requirements.
But those rights mean nothing unless you understand them — and defend them aggressively.
This comprehensive guide is the 2025 flagship resource for any federal employee facing:
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A proposed suspension
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A proposed removal
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A Performance Improvement Plan (PIP)
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A reprimand
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A downgrade or demotion
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Investigations
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Douglas factor analysis
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Facebook, Teams, or email misconduct allegations
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AWOL allegations
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Timecard misuse
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Misuse of government resources
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Security concerns that may impact your clearance
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Probationary period issues
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Or any other allegation impacting your federal career
This guide is written by the federal employment lawyers at the National Security Law Firm, the nation’s leading federal employment defense firm and the top choice for employees who want to protect their careers, benefits, and retirement.
We link throughout this guide to NSLF’s core resource: the
Federal Employment Law Hub — a comprehensive library of rights, defenses, and strategies used by our attorneys to help federal employees nationwide.
Why Federal Employees Face Disciplinary Actions
Federal disciplinary actions typically arise from one of four categories:
1. Misconduct-Based Charges
Examples include:
These cases rely on evidence and the agency’s ability to prove the alleged facts by the standard of substantial evidence (for suspensions under 14 days) or a preponderance of the evidence (for adverse actions like removals, demotions, transfers, and long suspensions).
2. Performance-Based Issues (PIPs)
Agencies often use:
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Unfair performance standards
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Weaponized metrics
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Retaliatory performance measures
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Subjective supervisory opinions
These cases follow a different legal pathway under 5 U.S.C. Chapter 43, requiring the agency to prove unacceptable performance and the failure of a legally compliant PIP period.
If the agency shortcuts any step, the entire action can collapse.
3. Security-Clearance-Related Concerns
Sometimes, a disciplinary action is really a pretext for:
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Whistleblower retaliation
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Personality conflicts
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Prior protected EEO activity
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Clearance issues under adjudicative guidelines
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Political or personal disagreements
When your disciplinary action involves or overlaps with clearance concerns, you need a firm that understands both. NSLF’s Security Clearance and Federal Employment teams collaborate through our internal Attorney Review Board, giving clients a unique advantage.
4. Retaliation-Based Actions
Many cases stem from:
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Protected whistleblowing
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Prior EEO activity
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Filing complaints
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Speaking up
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Reporting wrongdoing
When retaliation is present, you may have additional protections under:
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The Whistleblower Protection Act
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The Whistleblower Protection Enhancement Act
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Title VII
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Rehabilitation Act
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Age Discrimination in Employment Act
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Uniformed Services Employment and Reemployment Rights Act (USERRA)
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First Amendment protections (for certain employees)
A retaliatory disciplinary action can be challenged through OSC, MSPB, or EEO, depending on the nature of the reprisal.
Your Rights When Facing Federal Disciplinary Action
Every federal employee subject to discipline has the right to:
1. Notice and an Opportunity to Respond
Agencies cannot remove, demote, or suspend you without:
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Written notice
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A statement of charges
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The materials relied upon
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A meaningful opportunity to respond
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Representation by a federal employment lawyer
This is your constitutional due process right under Cleveland Board of Education v. Loudermill.
2. Access to the Evidence
You are entitled to see the documents, testimony, and evidence the agency relies upon when proposing action.
If it is not provided, your due process rights are violated — and the entire case may be dismissed.
3. A Fair Douglas Factor Analysis
Agencies must consider all twelve Douglas factors, including:
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Comparable discipline
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Mitigating circumstances
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Years of service
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Work record
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Supervisor contribution to the problem
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Intent vs. negligence
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Past discipline (and whether it was fair)
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Whether the penalty matches the charge
Most agencies do not complete a legally defensible Douglas analysis. A skilled federal employment lawyer can use this to dramatically reduce penalties or overturn the action entirely.
4. Freedom From Retaliation
If discipline is proposed shortly after:
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An EEO complaint
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An informal complaint
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An accommodation request
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Whistleblowing
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Reporting wrongdoing
…the timing can create a strong retaliation claim.
5. Representation
You have the right to a lawyer at every stage.
The Federal Disciplinary Action Process
Federal disciplinary procedures differ depending on whether the proposed action is:
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A reprimand or counseling
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A suspension of 14 days or fewer
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A suspension of more than 14 days
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A demotion
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A removal
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A performance-based action under Chapter 43
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A disciplinary action against a probationary employee
Below is the full procedural roadmap used across federal agencies.
Step 1: The Investigation
Before proposing discipline, agencies often conduct:
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Fact-finding investigations
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Internal agency investigations
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Interviews
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E-discovery pulls
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AIBs (Administrative Investigative Boards)
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Management inquiries
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Social media reviews
You have the right to:
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Know if you are the subject or merely a witness
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Ask whether discipline is reasonably foreseeable
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Request union or representative presence in Weingarten-based contexts
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Avoid self-incriminating statements
Warning: Anything you say can and will be used against you in later discipline.
This is often where employees unknowingly harm their own defense — simply by answering questions without representation.
Step 2: Notice of Proposed Discipline
If the agency decides to pursue discipline, they must issue a:
Common charges include:
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Failure to follow instructions
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AWOL
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Lack of candor
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Timecard fraud
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Misuse of government resources
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Poor performance
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Conduct unbecoming
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Inappropriate comments
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Violations of security policy
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Unauthorized telework
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Disruptive behavior
These charges often sound worse than what actually happened — agencies deliberately use dramatic titles to justify harsher penalties.
Step 3: Opportunity to Respond
You typically have 7–15 days to respond in writing or orally.
Your response should:
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Challenge the facts
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Challenge the timing
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Challenge inconsistencies
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Raise retaliation
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Show mitigating Douglas factors
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Provide comparative discipline
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Provide context
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Provide positive performance history
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Show supervisor fault or failure to train
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Identify procedural violations
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Provide witnesses and evidence
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Point out logical flaws in the investigation
This is the most important step.
Most employees lose their cases before the proposal ever becomes a decision, simply because they did not use a federal employment lawyer to prepare the response.
Step 4: The Deciding Official Makes a Determination
The DO must:
In reality, many DOs rubber-stamp proposals — but this opens the door for appeals and reversals.
A flawed DO decision is one of the most common reasons MSPB reverses agency actions.
Step 5: The Final Decision Letter
This letter triggers your right to:
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File an MSPB appeal (for adverse actions)
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File a grievance (if union rules apply)
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File an OSC complaint (for whistleblower retaliation)
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File an EEO complaint (for discrimination-based discipline)
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Request mediation
The deadlines are strict:
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30 days to file an MSPB appeal
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45 days to initiate EEO counseling
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60 days for union grievances (varies by CBA)
Suspensions: What You Need to Know
Suspensions come in two categories:
1. Suspensions of 14 Days or Less
These require:
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Notice
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Evidence
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Opportunity to respond
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Due process
But they are not appealable to the MSPB. Your options include:
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Union grievance
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EEO complaint
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OSC complaint
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Agency-level challenge
2. Suspensions of More Than 14 Days
These are adverse actions appealable to the MSPB.
The agency must prove:
Suspensions of more than 14 days are often used as a stepping stone to removal — especially when management is building a paper trail.
Removals: The Most Serious Penalty
A removal is the federal equivalent of being fired.
But unlike in the private sector, a removal must follow:
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Legal standards
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Due process
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Douglas factor review
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Chain of evidence
Most removals NSLF handles involve:
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Timecard issues
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Telework misuse
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Failure to follow instructions
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Misuse of government credit card
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Lack of candor
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Poor performance
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Alleged disrespectful conduct
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Workplace conflict
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Email or social media issues
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Clearance concerns
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Retaliation
Over 70 percent of our removal cases involve significant legal errors by the agency — errors we use to reverse or mitigate the action.
Performance Improvement Plans (PIPs)
Performance cases follow a completely different statutory process.
For the agency to remove you for performance, they must:
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Prove you were performing unacceptably under your performance standards
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Provide a PIP that met legal requirements
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Offer assistance, mentoring, and support
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Give reasonable time to improve
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Give valid, measurable standards
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Evaluate objectively
But in real life?
Most PIPs are:
In 2025, PIPs remain one of the easiest agency actions to defeat — if you have the right representation.
How to Fight Back Against Federal Disciplinary Actions
When a federal agency comes after your job, you must understand something critical:
Agencies build cases. NSLF dismantles them.
Every disciplinary action — suspension, removal, PIP, reprimand — is a strategic move by the agency. To win, you need a counter-strategy rooted in insider knowledge, procedural attack points, and legal leverage.
This section gives you the exact playbook NSLF’s federal employment lawyers use to help employees:
The Three Pillars of Defending a Federal Employee
Every NSLF defense is built on three pillars:
Pillar 1: Attack the Facts
Agencies often rely on:
Your federal employment lawyer must challenge:
Most misconduct cases fail because the agency cannot meet the burden of proof once properly challenged.
Pillar 2: Attack the Process
Agencies make procedural mistakes constantly, including:
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Failing to give evidence packets
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Failing to disclose witnesses
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Failing to establish nexus
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Failing to consider all Douglas factors
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Using non-comparable comparator discipline
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Mixing performance and misconduct improperly
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Conducting improper interviews
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Violating Weingarten rights
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Violating EEO anti-retaliation protections
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Rushing the proposal
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Allowing the proposing and deciding official to collude
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Speeches or side conversations that taint the process
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Not keeping the DO impartial
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Relying on stale charges
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Proposing charges outside the agency’s authority
A single procedural defect can destroy the entire disciplinary action — even if the facts are partially unfavorable to you.
Pillar 3: Attack the Penalty
Even if the agency proves some misconduct, the penalty must still be reasonable.
This is where the Douglas factor battle begins.
NSLF Strategy: Overwhelm the Agency with Mitigation
We submit:
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Performance records
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Awards
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Email praise
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Evidence of hostile supervision
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Proof of inconsistent discipline
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Medical hardship records
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Lack of training
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Prior good service
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Years of exceptional work
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Context showing the charge was blown out of proportion
We also destroy the agency’s penalty analysis by proving:
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No consistency across comparators
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Supervisor contributed to the issue
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Progressive discipline was not followed
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The agency exaggerated the seriousness
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Penalty was predetermined
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Human resources improperly influenced the decision
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The deciding official was biased
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The DO did not consider your response
A weak Douglas analysis is one of the most common reasons MSPB judges reverse actions.
Understanding How Agencies Build Their Case Against You
Many federal employees think removals or suspensions happen randomly.
They don’t.
Agencies run a strategic framework.
Here’s what your agency is doing behind the scenes:
1. They Build a Paper Trail
Agencies almost never remove someone without:
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Prior counseling
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Documentation
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Emails
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Notes to file
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“Conversations”
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Letters of concern
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Prior discipline
Even if they start the paper trail only weeks before, the agency will claim they’ve been monitoring performance or misconduct for “months.”
2. They Weaponize Your Weaknesses
This includes:
Anything can be turned into “unacceptable conduct.”
3. They Use HR to Pre-Write Charges
Agencies often claim the proposal was “independently written,” but behind the scenes:
HR drafts the charges.
Employee Relations edits them.
Legal reviews them.
Security reviews them.
Supervisors sign them.
Your “proposal letter” is almost always a group product, not an independent supervisory judgment.
This matters, because MSPB judges treat “independent review” as crucial — and agencies rarely comply fully.
4. They Prep the Deciding Official
DOs often receive:
Most DOs are inexperienced and rely heavily on HR.
This is improper — and creates fertile ground for legal attack.
5. They Rely on You to Panic or Stay Silent
Employees lose cases because they:
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Don’t respond
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Respond emotionally
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Admit things they didn’t need to
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Don’t challenge evidence
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Don’t submit mitigating evidence
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Don’t get a federal employment lawyer involved
Agencies expect you to roll over.
That’s why NSLF wins so many cases — we break their expectations and overwhelm them.
How to Win Your Opportunity-to-Respond Stage
Winning your case before it becomes final is the best outcome.
The Proposal Is Not the Decision
Most employees don’t know this:
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The proposal is written by HR
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The agency has not made a final decision yet
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The deciding official must consider your response
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Your response is your chance to change the penalty or get it canceled
This is your single biggest leverage point.
Your Response Must Be:
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Strategic
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Fact-based
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Legal
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Mitigating
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Comparative
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Procedurally challenging
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Persuasive
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Supported by documents
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Delivered professionally
A strong response can lead to:
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No action
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A reduced penalty
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New supervisors
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Reassignment
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Probation extensions
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PIP withdrawal
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Settlement
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EEO or OSC leverage
Winning at MSPB: The NSLF Playbook
If the agency issues a final decision to:
…you can appeal to the Merit Systems Protection Board.
MSPB is the federal court for career federal employees.
Here’s how NSLF wins MSPB cases:
Step 1: Destroy the Agency’s Standard of Proof
For misconduct:
The agency must prove the charge by preponderance of evidence.
For performance:
The agency must prove you failed a legally valid PIP.
We attack:
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Evidence credibility
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Witness bias
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Investigation flaws
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Missing documents
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Supervisor contradictions
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Hearsay
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Lack of nexus
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Unproven intent
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Failure to follow procedures
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Past discipline misuse
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Unlawful medical disclosure
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Anti-retaliation timing
MSPB judges take credibility seriously — and agencies often crumble under cross-examination.
Step 2: Crush the Douglas Factors
Even if the agency proves some misconduct, the MSPB can reverse or mitigate the penalty.
We show:
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Penalty inconsistencies
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Past disciplinary disparities
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Supervisor hostility
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Medical mitigation
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PTSD or depression factors
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FMLA issues
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Inadequate training
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Lack of progressive discipline
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Bias
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Poor DO decision-making
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Retaliatory motive
Step 3: Expose Retaliation
MSPB allows claims for:
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Whistleblower retaliation
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USERRA retaliation
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Constitutional claims (rare but powerful)
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Harmful procedural error
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EEO retaliation (in mixed cases)
Retaliation cases often succeed because agencies:
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Punish whistleblowers directly
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Retaliate by labeling employees “difficult”
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Issue PIPs after protected activity
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Remove employees shortly after reporting misconduct
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Allow supervisors to act on unrelated personal motives
Timing alone can prove causation.
Step 4: Demand Full Remedies
We fight for:
NSLF’s MSPB lawyers are known for winning high-value settlements because agencies know we litigate aggressively.
Douglas Factors: The Full Breakdown
The 12 Douglas factors determine whether a penalty is reasonable.
Agencies almost always fail to analyze them properly.
Here’s how NSLF uses the Douglas factors to attack discipline:
Factor 1: Nature and seriousness of the offense
We argue:
Factor 2: Employee’s job level and type of employment
We show:
Factor 3: Past disciplinary record
We argue:
Factor 4: Past work record
We present:
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Awards
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Commendations
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High performance
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Positive emails
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Letters of appreciation
This factor alone can cut penalties dramatically.
Factor 5: Effect of the offense on job performance
Agencies exaggerate this wildly.
We show:
Factor 6: Consistency of the penalty with similar cases
This is the agency’s Achilles’ heel.
Comparators almost always show:
Factor 7: Consistency with agency table of penalties
Many tables of penalties recommend lower penalties.
Agencies routinely skip progressive steps.
We make this fatal.
Factor 8: Notoriety of the offense
We argue:
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No media attention
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No reputational harm
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No external consequences
Factor 9: Clarity of notice
We show:
Factor 10: Supervisor’s trust
We argue:
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Trust was not actually harmed
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Supervisor’s personal issues created bias
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Relationship was already strained for nondisciplinary reasons
Factor 11: Potential for rehabilitation
We show:
Factor 12: Alternative sanctions
We argue:
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Reassignment
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Training
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Detail opportunities
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Mediation
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Coaching
Agencies rarely consider these — which is a legal failure.
How to Survive and Beat a PIP
A Performance Improvement Plan is the most misunderstood disciplinary tool in the federal government.
Here’s the truth:
A PIP is not a performance plan. It is a removal plan.
Agencies use PIPs to:
But PIPs fail frequently because agencies make mistakes.
The Agency Must Meet Strict PIP Requirements
They must:
Agencies almost never do all of this correctly.
How NSLF Beats PIPs
We:
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Document every flaw
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Demand assistance in writing
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Reject vague standards
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Request clarification from supervisors
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Capture contradictions
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Collect evidence that you ARE performing
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Build a record of agency hostility
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Demonstrate the PIP’s retaliatory purpose
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Prepare for MSPB appeal
Many PIPs collapse long before they finish.
Whistleblower, EEO, and Retaliation Defenses
Retaliation is the number one driver of disciplinary actions.
Common retaliation triggers:
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Reporting wrongdoing
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Participating in EEO
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Filing complaints
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Asking for accommodations
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Disputing performance reviews
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Calling out supervisor misconduct
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Pushing back against unethical actions
NSLF analyzes your case for:
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Temporal proximity
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Comparator discipline
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Supervisor hostility
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Deviations from procedure
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Pretext
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Inconsistent explanations
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Contradictory documentation
Retaliation is a powerful legal weapon.
Frequently Asked Questions (Federal Disciplinary Action FAQ)
Can my agency fire me without warning?
Not if you are:
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Tenured
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Not in probation
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Not exempted by statute
Due process is mandatory.
Is a PIP required before removal?
For performance-based removals under Chapter 43 — yes.
For misconduct — no.
Can a probationary employee be fired without notice?
Probationers have fewer rights — but agencies still cannot fire them for:
NSLF wins probationary cases regularly.
Can my agency search my emails or Teams messages?
Yes — with limitations.
But improper monitoring can be challenged.
Can I refuse to answer questions in an investigation?
Generally no, unless:
Can I settle my case before MSPB?
Yes — NSLF negotiates strong settlements every week.
How long do MSPB cases take?
6–12 months on average.
Does MSPB overturn removals?
Yes, frequently — especially when:
Can I recover back pay if I win?
Yes. MSPB can order:
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Back pay
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Restoration of leave
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Attorney fees
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Expungement
Can I get a new supervisor?
Yes — through settlement or corrective action.
Can NSLF represent me nationwide?
Yes.
We represent federal employees across all 50 states and overseas, including:
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VA
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DHS
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TSA
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CBP
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DOD
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Army
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Navy
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Air Force
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DOJ
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DOE
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State Department
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USPS
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All agencies
Why Federal Employees Choose the National Security Law Firm (NSLF)
Federal employees across the country choose NSLF because no other law firm offers our combination of insider experience, litigation strength, and strategic firepower.
Here’s what sets us apart:
We Are the Nation’s Leading Federal Employment Law Firm
Hundreds of clients.
Hundreds of victories.
The fastest-growing federal employment defense practice in the nation.
4.9-Star Google Rating Based on Real Clients
We proudly display hundreds of verified reviews.
No purchased badges.
No vanity awards.
No made-up recognitions.
Just real federal employees who trusted us and won.
Read them here:
4.9-Star Google Reviews
Our Insider Advantage Is Unmatched
Your career is being judged by people inside the federal system.
You need lawyers who were once inside that system.
NSLF attorneys include:
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Former DHS counsel
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Former TSA lawyers
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Former CBP attorneys
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Former DOJ and agency litigators
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Former JAG officers
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Former federal agency attorneys who advised HR, ER/LR, and command staff
We know the personalities, the policies, the politics, and the bureaucracy because we lived it.
Attorney Review Board = More Than One Lawyer on Your Case
Every complex disciplinary case is reviewed through our internal Attorney Review Board — a collaborative, war-room style review of:
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Strategy
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Evidence
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Procedural flaws
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Douglas factors
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Settlement options
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Litigation posture
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Weaknesses in the agency’s investigation
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Retaliation and whistleblower angles
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Comparator discipline opportunities
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Supervisor credibility issues
Other firms give you one lawyer.
NSLF gives you a team.
We Maximize Case Value and Outcomes
Our mission is simple:
Get the best outcome possible for every client — and increase the total career value of every case.
We measure success through:
We don’t settle for “damage control.”
We push for maximum results.
Our Federal Employment Lawyers Think Like Agencies — and Fight Better Than Them
Because we know:
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How HR builds cases
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How ER strategizes discipline
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How DOs are coached
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How comparators are cherry-picked
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How evidence is shaped
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How OPM guides penalties
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How MSPB judges weigh credibility
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How whistleblower claims succeed
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How agencies retaliate behind the scenes
We reverse-engineer the government’s strategy.
That’s why agencies fear NSLF.
Litigation Strength That Civilian Firms Cannot Match
Our team includes:
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Former JAG prosecutors
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Former defense counsel
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Former administrative judges
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Former agency litigators
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National security and intelligence-trained lawyers
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Lawyers with years of clearance adjudication and DOHA experience
Most federal employment firms cannot litigate.
We are built to litigate.
Washington, D.C. Headquarters — the Center of Federal Law
The federal government’s hubs are in Washington, D.C.
MSPB is here.
OPM is here.
EEOC headquarters is here.
The most complex cases are here.
Being D.C.-anchored gives us:
And we still represent federal employees nationwide.
Nationwide Representation — No Local Lawyer Needed
We represent:
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Every GS level
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Every series
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Every pay band
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Every agency
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Every state
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Every overseas posting
From probationary employees to SES leaders.
We are the go-to federal employment lawyers for:
Flexible Legal Financing Through Affirm
We’re one of the only major federal employment firms offering payment plans over 3–24 months.
Learn more here:
Legal Financing Options
Federal Employment Defense Resource Hub
To help employees navigate complex agency actions, NSLF built the most comprehensive resource online:
Federal Employment Defense Resource Hub
This hub includes:
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Guides to suspensions
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Guides to removals
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The complete Douglas Factor analysis
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AWOL and attendance rights
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Leave, telework, and workplace flexibility
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Appraisal and performance rights
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Whistleblower guidance
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EEO retaliation
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Investigations
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Internal agency inquiries
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Fitness-for-duty
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Medical documentation rights
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MSPB appeal preparation
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PIP defense
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Federal probationary period rights
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Timeframe expectations
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Pricing breakdowns
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How to hire the best federal employment lawyer
Every guide is written in plain English — backed by deep practitioner insight.
Book a Free Consultation
Whether you’re facing a PIP, suspension, removal, investigation, or retaliation, your career, retirement, and reputation are at stake.
You do not need to fight your agency alone.
Speak with a federal employment lawyer today:
Book Your Free Consultation
This is fast, easy, and confidential.
Nationwide.
No pressure.
Just answers.
National Security Law Firm: It’s Our Turn to Fight for You.