A proposed removal does not have to end in removal. Federal agencies settle many disciplinary cases, and a negotiated outcome can protect your income, your record, or your retirement in ways a final removal cannot. A Washington DC federal employee attorney will often explore settlement alongside a written reply or an appeal. Below are five alternatives federal employees commonly negotiate, what each one gives up, and five D.C.-area firms that represent employees in these discussions.
What are the alternatives to termination in federal service?
1. Can you negotiate a lesser penalty?
Yes, and it is the most common outcome. An agency may agree to reduce a proposed removal to a suspension or a demotion, often after a strong reply shows weaknesses in its charges or penalty. You keep your job and your service history, though the lesser action still appears on your SF-50, the official record of personnel actions.
2. What is a last chance agreement?
A last chance agreement is a settlement in which the agency holds the removal in abeyance, meaning it puts the removal on hold, as long as you meet set conditions for a set period. Conditions might include attendance rules, treatment, or no further misconduct. The tradeoff is significant: most of these agreements waive your right to appeal if the agency later says you broke the terms, and the Merit Systems Protection Board will usually review only whether a breach occurred.
3. What does resigning with a clean record involve?
You resign instead of being removed, and the agency agrees to cancel the proposal and limit what your personnel file shows. Whether agencies may agree to remove adverse information has shifted with executive orders and OPM rules in recent years, so confirm current policy before relying on it. Federal law at 5 U.S.C. § 3322 also requires a permanent notation in your file in some cases when you resign during an investigation that results in an adverse finding.
4. Can you retire instead of being removed?
If you are eligible, retiring before the removal takes effect can protect your annuity and health benefits. Under FERS, immediate retirement is generally available at your minimum retirement age with 30 years of service, at 60 with 20 years, or at 62 with 5 years. Discontinued service retirement is not available when the separation is for misconduct, so timing and eligibility need to be checked before you agree to anything.
5. Is a reassignment or voluntary downgrade possible?
Sometimes. When the problem is tied to a particular supervisor or a specific role, an agency may agree to reassign you or accept a voluntary change to a lower grade. A voluntary downgrade is generally not appealable, so make sure the pay and career effects are acceptable before signing.
Any settlement that waives age discrimination claims for an employee 40 or older must follow the Older Workers Benefit Protection Act, which includes time to consider the agreement and a period to revoke it.
Which D.C. law firms help federal employees negotiate alternatives to removal?
- The Mundaca Law Firm
- Tully Rinckey
- Eric Siegel Law
- The Washington Law Firm
- The Employment Law Group
1. The Mundaca Law Firm: Washington DC Federal Employee Attorney
The Mundaca Law Firm is led by Francisco E. Mundaca, Esq., Founding Partner, with a D.C. office at 1300 I Street NW, Suite 400E. It represents federal employees at agencies including DoD, DHS, DOJ, VA, and USPS.
Negotiating alternatives to termination is part of the firm’s disciplinary practice, alongside preparing replies to proposed actions and appealing removals and demotions to the MSPB. Because a settlement can resolve several issues at once, the firm also handles EEO discrimination complaints, whistleblower retaliation before the Office of Special Counsel, and security clearance matters. Consultations are confidential.
2. Tully Rinckey
The firm’s Washington, D.C. office handles federal employment matters among other practice areas.
3. Eric Siegel Law
A D.C. employment law firm that represents workers in agency proceedings.
4. The Washington Law Firm
A D.C. firm that handles employment law matters.
5. The Employment Law Group
This Washington, D.C. firm represents employees in workplace disputes.
How do you choose the right alternative?
Each option trades something away, whether it is appeal rights, pay, or the ability to tell your side later. The right choice depends on the strength of the agency’s case, your retirement eligibility, and what you need from your next job. Read every term before signing, because most of these agreements are hard to undo. If you are weighing a settlement offer, a Washington DC federal employee attorney can review it with you and negotiate better terms.
This article provides general information and is not legal advice. Reading it does not create an attorney-client relationship.
