What is due process?
- Due process is designed to ensure that adverse actions—actions considered unfavorable to an employee, such as firing, suspension, furlough or demotion—are taken in accordance with the merit system principles and for proper cause.
- Depending on the specific adverse action, due process usually includes advance notice, an opportunity to respond to the action and information on how to pursue the appeals process. At a minimum, the employee must be notified and receive a meaningful opportunity to respond before the action takes place.
What can I do if I think an adverse action, a performance-based action, or an allegation of misconduct is being erroneously applied to me?
- Depending on the issues involved, the facilitation of due process is the responsibility of the affected employee’s agency, the Merit Systems Protection Board, the Equal Employment Opportunity Commission or the Office of Special Counsel. Please visit their websites for more information about the types of appeals that should be filed with each entity.
Do I have the right to an attorney?
- Yes. Employees can secure an attorney to represent them in these matters. The agency does not represent the employee, so employees must retain their own counsel. In some cases, professional liability insurance may cover the cost of legal services.
- Many federal management and executive employee associations, along with federal unions, offer guidance to their members on legal support and professional liability insurance, including but not limited to the:
What if I am the subject of a Congressional investigation?
- Typically, employees secure attorneys if they are under congressional investigation. Some external organizations that can provide more insights include Protect Democracy and We the Action.