§7543 Cause and Procedure

Summary

Agencies may only take the kinds of actions listed here against an employee for wrongdoing, failing to do their job, misusing their position, or refusing a directed reassignment or to move with a transferred job. Before taking action, the agency must give the employee at least 30 days’ written notice explaining the reasons, unless there is reasonable cause to believe the employee committed a crime that could bring a prison sentence. The employee gets a reasonable time, but at least 7 days, to answer in writing and orally and to give documents or affidavits. The employee may have a lawyer or other representative. The agency must give a written decision and reasons as soon as possible. The agency may offer a hearing instead of or in addition to the chance to answer. The employee can appeal to the Merit Systems Protection Board under section 7701. The agency must keep copies of the proposed action notice, any written answer or summary of an oral answer, the decision and reasons, any final order, and supporting papers. These must be given to the Merit Systems Protection Board if it asks, and to the employee if the employee asks.