Misc Pub 27-8 Legal Handbook Commander’s 2019

Note: In order to take adverse action against an employee for their off-duty misconduct

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• 2. Determine the Appropriate Penalty

Note: In order to take adverse action against an employee for their off-duty misconduct, there must be a nexus between the conduct and the efficiency of the service (similar to a good order and discipline argument. Seek further guidance from the servicing Labor Counselor. 1. Determine if the Employee’s Action/Behavior is Performance orb bMisconductbAction can betaken against a civilian employee for their performance (failing to meet an established performance standard, for misconduct (behavior or actions that adversely affect the efficiency of the service, or for both. How an action is labeled (performance or misconduct) has practical implications and depending on the election made, may require additional steps Return to Table of Contents 234 (such as a Performance Improvement Plan) be imposed before action can betaken. Regardless of the label that attaches, when a supervisor believes disciplinary action is appropriate, the supervisor should contact the servicing Labor Management-Employee Relations (LMER) Specialist. 2. Determine the Appropriate Penalty There are two types of discipline available) progressive discipline (a graduated scale starting with a counseling, warning or reprimand, and escalating to a suspension, reduction, or ultimately removal) and (2) punitive discipline (the most severe penalty warranted to deter future misconduct. The type of discipline should be tailored to the specific instances) and should be reasonable. Suspensions (which are unpaid) for 15 days or greater, a reduction in grade, and removal from federal service are known as adverse actions, which statutorily provides aright of appeal to the Merit Systems Protection Board (MSPB). MSPB appeal rights do not attach to counselings, warnings, reprimands, and suspensions for 14 days or less however, civilian employees may utilize other avenues of redress (ie. filing a grievance with the command, filing an Equal Employment Opportunity (EEO) complaint of discrimination, filing a claim of a prohibited personnel practice with the Office of Special Counsel, etc. Download 4.49 Mb. Share with your friends: