Most proposed removals do not arrive without warning. Agencies usually spend weeks or months creating a paper trail first, and employees who recognize the pattern early have far more options than those who see it only when the notice lands. A Washington DC federal employee attorney can often trace a case back to a handful of early signals. Below are six of the most common, what each one means, and five D.C.-area firms that represent federal employees at this stage.
What are the signs your agency is building a case against you?
1. Is your supervisor suddenly documenting everything?
A sharp increase in written follow-ups is often the first sign. Supervisors may send emails summarizing hallway conversations or keep a memorandum for the record, an internal note describing an incident. If a summary is inaccurate, reply in writing promptly and calmly with your own account, and keep a copy outside agency systems where policy allows.
2. Have you received a letter of counseling or a reprimand?
These are early steps on the discipline ladder. A letter of counseling is usually not formal discipline, but it can be used later to show you were warned about a rule. A letter of reprimand is formal discipline and typically stays in your file for a period set by agency policy. You can usually respond in writing, and you should.
3. Has your performance rating dropped or have you been placed on a PIP?
A sudden drop to an unacceptable rating on a critical element often leads to a performance improvement plan, which federal rules call an opportunity to demonstrate acceptable performance. Under Chapter 43 of Title 5, an agency can propose demotion or removal if you do not improve during that period. Track every assignment, deadline, and piece of feedback while it runs.
4. Are you being interviewed in an investigation?
An interview with an agency investigator or the Office of Inspector General is a serious signal. If you are in a bargaining unit, 5 U.S.C. ยง 7114 gives you the right to request a union representative when you reasonably believe the interview could lead to discipline. You may also receive a Kalkines warning, which compels you to answer work-related questions but limits how your answers can be used in a criminal case. Ask which warning applies before you answer.
5. Have your duties, access, or work location changed?
Being pulled from projects, losing system or building access, or being placed on administrative leave often means a decision is near. The Administrative Leave Act of 2016 generally caps administrative leave at 10 workdays per calendar year, after which agencies use separate investigative leave rules. A reassignment without a clear reason is worth asking about in writing.
6. Is your leave being restricted?
A leave restriction letter, which requires medical documentation for every sick leave request, often comes before charges of AWOL, meaning absence without leave. Follow the letter’s terms exactly, even if you believe it is unfair, and keep copies of every request and approval.
If any of these signs appeared soon after you reported misconduct, filed an EEO complaint, or requested an accommodation, the timing may point to retaliation. That can support an Office of Special Counsel complaint or an EEO claim, and the 45-day EEO counselor deadline starts running from the action itself.
Which D.C.-area law firms help federal employees before discipline is proposed?
- The Mundaca Law Firm
- The Law Firm of John P. Mahoney
- Berry & Berry
- Zuckerman Law
- Eric Siegel Law
1. The Mundaca Law Firm: Washington DC Federal Employee Attorney
The Mundaca Law Firm is led by Francisco E. Mundaca, Esq., Founding Partner, with a D.C. office at 1300 I Street NW, Suite 400E. It represents federal employees at agencies including DoD, DHS, DOJ, VA, and USPS.
Early advice can shape what happens next. The firm counsels employees who see these warning signs, prepares replies to proposed suspensions, demotions, and removals, and appeals final actions to the MSPB. When the pattern suggests retaliation, it handles EEO discrimination complaints and whistleblower claims before the Office of Special Counsel, along with security clearance issues. Consultations are confidential.
2. The Law Firm of John P. Mahoney
This D.C. firm represents federal employees in workplace matters.
3. Berry & Berry
A Reston, Virginia firm whose work includes federal employment cases.
4. Zuckerman Law
A Washington, D.C. firm whose practice includes whistleblower matters.
5. Eric Siegel Law
A D.C. employment law firm that represents workers in agency proceedings.
What should you do if you see these signs?
Start keeping your own record now. Save performance appraisals, awards, and emails that show good work, and write down dates and details of every meeting that concerns you. Respond in writing to anything inaccurate, follow every instruction to the letter, and do not resign under pressure. Getting advice before a proposal is issued gives you the most room to change the outcome. If these signs sound familiar, a Washington DC federal employee attorney can help you plan your next steps.
This article provides general information and is not legal advice. Reading it does not create an attorney-client relationship.
