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Removal is an involuntary separation of an employee from employment. It terminates the employee's status as an federal employee and, in some cases, may bar the individual from future DOI or Federal employment. A disciplinary removal is the most severe disciplinary action. It is considered rehabilitative even though it severs the employee- employer relationship.
Before removal is initiated, the facts and circumstances in the case must be carefully reviewed to ensure they support the conclusion that the employee has demonstrated unwillingness or refusal to conform to the rules of conduct or has breached the employee-employer relationship that other rehabilitation is not appropriate and removal is warranted for the offense(s).
Normally, a progression of disciplinary measures is taken in an effort to rehabilitate the employee before management decides to remove the individual. However, more immediate action may be taken if the misconduct is so serious or the violation of rules and regulations so flagrant that discharge for a first or second offense is clearly warranted.
An employee against whom removal is proposed is entitled to*:
- At least 30 days advance written notice;
- A reasonable time, but not less than 7 days, to answer both orally and in writing, and to furnish affidavits and other documentary evidence in support of the answer; (Note: A summary of any oral reply is required. See 5 USC 7513(e))
- Representation by an attorney or other personal representative;
- A reasonable amount of official time to review the material relied on to support the proposed action, to prepare an answer, and to secure affidavits, if the employee requests time and is otherwise in an active duty status. However, if the employee is covered by a negotiated agreement (union contract), the provisions of that agreement must be followed.
- A written decision and the specific reason(s) for the decision at the earliest practicable date and before the effective date of the action. (5 CFR Section 752.404(f)).
* Be sure to consult with any appicable union agreement as it may provide more requirements in this area.
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