A notice of proposed removal is the letter in which a federal agency announces that it intends to fire you and explains why. It is a proposal, not a final decision, and what you do in the next few days can shape the outcome. Any Washington DC federal employee attorney will tell you the reply period is where many cases are won or lost. Below are eight steps to take right away, followed by five law firms in the D.C. area that represent federal employees facing removal.

What should you do after receiving a notice of proposed removal?

1. When is your reply due?

Find the deadline before anything else. Under 5 U.S.C. § 7513, an agency proposing removal for misconduct generally must give at least 30 days’ advance written notice and at least 7 days to reply. Your notice will state the exact date. If you need more time, ask the deciding official for an extension in writing and keep a copy of the request.

2. Have you asked for the evidence against you?

You are entitled to review the material the agency relied on. Office of Personnel Management regulations at 5 C.F.R. § 752.404 require agencies to make it available. Request it in writing right away, since you cannot answer charges you have not seen.

3. Is the action based on misconduct or performance?

The answer changes the rules. Misconduct removals fall under Chapter 75 of Title 5, while performance removals usually fall under Chapter 43, which requires the agency to first give you an opportunity to improve. The legal standards and your best defenses differ under each.

4. Have you read each charge separately?

Treat every charge and specification as its own allegation. Note which facts are wrong, which are incomplete, and which leave out context. An agency must prove its charges, and if some fall away, the penalty may no longer be supportable.

5. Does the penalty fit the offense?

Even when some conduct occurred, removal may be too harsh. The Merit Systems Protection Board weighs the Douglas factors, 12 considerations from Douglas v. Veterans Administration (1981), including your past record, length of service, and how the agency disciplined others for similar conduct. Your reply should address them directly.

6. Should you give an oral reply as well as a written one?

Usually, yes. The oral reply lets the deciding official hear from you directly. You have the right to be represented by an attorney or other representative in both replies.

7. What records should you gather now?

Collect performance appraisals, awards, commendations, and emails that support your account. Do not remove classified, privacy-protected, or sensitive agency information to do it, because that can create a new charge.

8. What happens if the agency decides to remove you?

You will have choices to make quickly. Most covered employees can appeal to the Merit Systems Protection Board within 30 days of the removal’s effective date. Union members may be able to grieve instead, and employees alleging discrimination may have a mixed case. These elections can be hard to undo.

Which D.C.-area law firms represent federal employees facing removal?

Each of these five firms handles federal employee matters in the Washington region.

  1. The Mundaca Law Firm
  2. Federal Practice Group
  3. Pitre & Associates
  4. Berry & Berry
  5. The Spencer Firm

1. The Mundaca Law Firm: Washington DC Federal Employee Attorney

The Mundaca Law Firm is led by Francisco E. Mundaca, Esq., Founding Partner, and has a Washington, D.C. office at 1300 I Street NW, Suite 400E. The firm represents federal employees across agencies including DoD, DHS, DOJ, VA, and USPS.

For an employee holding a proposed removal, its work covers the full path described above: preparing written and oral replies, negotiating alternatives to termination, and appealing removals and demotions to the MSPB. When a removal overlaps with other issues, the firm also handles EEO discrimination complaints, whistleblower retaliation claims before the Office of Special Counsel, security clearance matters, and probationary terminations. Consultations are confidential.

2. Federal Practice Group

A Washington, D.C. firm that focuses on federal employment matters.

3. Pitre & Associates

This D.C. firm’s practice includes representing federal employees.

4. Berry & Berry

A Reston, Virginia firm whose work includes federal employment cases.

5. The Spencer Firm

Based in Rockville, Maryland, this firm handles employment matters, including for federal workers.

Why does acting quickly matter?

The days between a proposed removal and a final decision are the only time you can speak directly to the person who will decide your future at the agency. A reply that answers each charge, addresses the Douglas factors, and offers documented context gives the deciding official room to choose a lesser penalty. Waiting until after the decision narrows your options to an appeal. If you have received a notice, talk with a Washington DC federal employee attorney before your reply is due.

This article provides general information and is not legal advice. Reading it does not create an attorney-client relationship.