• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Blog
  • Contact
  • Online Consultation
  • Make a Payment LawPay
  • 757-460-3477

Bonney, Allenberg, O’Reilly, & Eddy, P.C.

Legal Assistance for Federal Employees

  • Home
  • Firm Overview
  • Practice Overview
    • Federal Employee EEO Discrimination
    • Merit Systems Protection Board (MSPB) Appeals
    • Grievances/Arbitrations
    • OSC Appeals
    • Whistleblower Protection
    • Federal Disability Retirement
    • Security Clearance Revocation
  • Attorney Profiles
    • Neil C. Bonney
    • Charles H. Allenberg
    • Laura A. O’Reilly
    • Allison B. Eddy
    • Cameron A. Bonney Evans
You are here: Home / Federal Employment / VA Employees’ Rights Eviscerated by New Law

Aug 03, 2017

VA Employees’ Rights Eviscerated by New Law

On June 23, 2017, the President signed into law the “Department of Veterans Affairs Accountability and Whistleblower Protection Act.” The title has a nice ring to it, but it is somewhat misleading. For most rank and file VA employees, the most significant effect of this law is a drastic reduction in their notice and appeal rights in the event they are accused of poor performance or misconduct.

For example, prior to this law, most VA employees were entitled to 30 days written notice before being subjected to an adverse action (14 day suspension, demotion, or removal). The new law states that the notice period “may not exceed 15 business days.” Previously, an employee would usually have at least 14 days in which to respond to a proposed adverse action. The new law shortens the reply period to 7 business days. In performance cases, previously the employee was entitled to a Performance Improvement Period before an adverse action, if management felt the employee’s performance was unacceptable. Now, there is no such requirement, and the employee could be removed or demoted without any advance notice that their performance was lagging.

Equally problematic is the effect this law will have on appeals to the Merit Systems Protection Board. Previously, in a misconduct case, the VA had to prove alleged misconduct by a preponderance of the evidence. Now, the VA has a reduced burden of proof of substantial evidence, making it much easier for the VA to remove or discipline employees for alleged misconduct even when the VA has very limited evidence to support the action. In addition, the MSPB is not permitted to mitigate the penalty. For example, before, if the VA tried to remove an employee for a very minor first offense, it would be likely that the MSPB would consider the penalty unreasonable. In that situation, the Administrative Judge could reduce the penalty. Now, the MSPB cannot even review the penalty. The rights of SES employees are curtailed even further.

It remains to be seen how the VA will use this new tool.   Will we see an improved workforce, or will we see a return to the spoils systems of civil service where retaliation, favoritism, and cronyism are unchecked? Either way, VA employees who are facing disciplinary action should seek the advice of an experienced federal employment lawyer at the earliest opportunity. Please contact the law firm of Bonney, Allenberg & O’Reilly to schedule an initial consultation.

Categories: Federal Employment Tags: disciplinary action, VA employee

sidebar

Blog Sidebar

Categories

  • Federal Employment
  • MSPB
  • Uncategorized

Tags

arbitration CBA Clean Record Collective Bargaining congressional inquiry consultation COVID19 CSRS Deferred Resignation disability disability retirement DoD CAF EEO EO13839 EO13957 EO14003 Executive Order federal employment federal employment law federal employment lawyer FERS FLRA Fork Last Chance Agreement LCA MSPB OPF OPM Proposed Rule reasonable accommodation religion Removal representation Resignation retirement RIF Schedule F Schedule Policy/Career security clearance Settlement suspension Union Unions VA employee whistleblower retaliation

Footer

Contact Us

  • This field is for validation purposes and should be left unchanged.

Recent Posts

OPM’s Proposed Rule Takes Away Crucial Employment Rights

Public Service Recognition Week is May 4-10! The need to recognize the public servants who make up the federal work force is more crucial than ever this year, as civil servants continue to face bullying and threats to their livelihood by the very Administration they work Read More

Reduction-in-Forces (RIFs) Do’s and Don’ts

An agency must use the reduction-in-force regulations, 5 CFR Part 351, before separating or demoting an employee because of an organizational reason such as reorganization, including lack of work, shortage of funds, insufficient personnel ceiling, or the exercise of certain Read More

Social Media

FacebookLinkedin

Bonney, Allenberg, O’Reilly, & Eddy, P.C.
4854 Haygood Rd., Suite 200 | Virginia Beach, VA 23455 | 757-460-3477

© 2012-2025 Bonney, Allenberg, O’Reilly, & Eddy, P.C. All Rights Reserved.
Virginia Beach Website Design by CDG.

Professional Affiliations

  • National Employment Lawyers Association (NELA)
  • Virginia State Bar (VSB)
LawPay button
Have you received a RIF notice and need to talk to a lawyer?

Provide your name and e-mail address in the boxes below, and we will reach out to assist you in scheduling a phone consultation with an attorney on our team.

Name(Required)
This field is for validation purposes and should be left unchanged.
We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.OkNo