What is Considered Misconduct by a Federal Employee?

We often encounter questions regarding what constitutes misconduct by a federal employee. Understanding the definition and various types of actionable misconduct and the potential consequences of alleged misconduct is crucial for all federal employees, as it can impact job security and career advancement. In this blog post, we will explore the concept of misconduct and provide examples of actions that may be considered misconduct in the federal workplace.

Defining Misconduct

Misconduct refers to any behavior or action by a federal employee that violates established rules, regulations, policies, or standards of conduct within the federal government. Misconduct can range from minor infractions, such as tardiness, to more severe offenses, like fraud or theft. It's important to note that the severity of the misconduct, the mitigating circumstances surrounding the misconduct, and the employee's history of disciplinary action will determine the level of discipline imposed.

Types of Misconduct

Misconduct can take many forms, but some common examples include:

1. Attendance Issues: Habitual tardiness or unauthorized absences can be considered misconduct.

2. Insubordination: Refusing to follow a supervisor's lawful orders or showing disrespect towards supervisors or management may qualify as insubordination.

3. Harassment or Discrimination: Engaging in harassing or discriminatory behavior based on race, gender, age, disability, or other protected factors is a serious form of misconduct.

4. Misuse of Government Property: Unauthorized use of government property, including vehicles, computers, or telephones, for personal purposes is considered misconduct.

5. Falsification of Records: Deliberately providing false or misleading information on official documents, such as timesheets or expense reports, constitutes misconduct.

Consequences of Misconduct

The consequences of misconduct can vary depending on the severity of the offense and the employee's disciplinary history. Disciplinary actions can range from a letter of counseling, and a written reprimand, to more severe penalties, such as a suspension, demotion in grade, or even removal from federal service. In some cases, misconduct may also result in criminal charges or civil penalties.

The Importance of Due Process

Permanent tenured Federal employees accused of misconduct have the right to due process, which includes written notice of the alleged misconduct, the proposed penalty, and the opportunity to respond to the allegations orally and/or in writing and present evidence in their defense. If an employee believes that the disciplinary action taken against them is unjust or based on false allegations, they may have the right to appeal the decision through various channels, such as the Merit Systems Protection Board (MSPB) or the Equal Employment Opportunity Commission (EEOC).

Misconduct by a federal employee can take many forms and have serious consequences for both the individual and their career. It is essential for federal employees to be aware of the standards of conduct expected of them and the potential repercussions for violating these standards. If you are a federal employee facing allegations of misconduct or believe that disciplinary action against you is unwarranted, consulting with one of our experienced federal employment attorneys can help protect your rights and ensure that you receive fair treatment throughout the process.