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Know the Douglas Factors! Determining Appropriate Penalties for Federal Employee Misconduct

The key to disciplining federal employees is choosing a reasonable penalty. It's a difficult and important decision, and quite embarrassing to have an agency penalty overturned or mitigated by a third party. That’s why you need to "Know the Douglas Factors" — 12 issues you must consider when determining the appropriate penalty for misconduct — from the seminal MSPB decision in Douglas v. Veterans Administration.

This new pamphlet takes the guesswork out of deciding what actions are appropriate by showing you what agencies have done right — and wrong. You find out how to use the Douglas factors — employee's length of service and prior record, potential for rehabilitation, impact of the misconduct on agency operations, and others — to make a proper and reasonable decision. Plus, you get real examples of situations that have developed at agencies and the role the MSPB plays in upholding or mitigating agencies’ penalty decisions.

You learn how to:

  • Identify whether a serious offense has occurred through a review of similar cases
  • Provide proper notice to all employees of the rules and regulations applicable to your agency
  • Identify a similarly situated employee
  • And more

You also get a Douglas Factors quiz which is a great tool for training and reinforcing knowledge of the topic, plus a sample worksheet you can use time and again to determine a reasonable penalty.

(2006. Pamphlet. 90 pp.)

Related Resources:
Seven Keys to Effective Discipline
Constructing Disciplinary Charges and Setting Effective Penalties Under the MSPB
A Guide to Handling Performanced-Based Actions
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