What Happens After a Proposed Removal Letter: A Virginia Federal Employee Attorney’s Guide

A proposed removal letter is not a termination. It is written notice that your agency intends to fire you and is required to hear from you first. That distinction carries real weight, because nearly all of the leverage a federal employee has sits in the window between the proposal and the decision. A Virginia federal employee attorney sees the same mistake repeatedly: the employee reads the word “removal,” assumes the outcome is settled, and lets the reply deadline pass. Virginia employs roughly 140,000 federal civilian workers according to OPM’s FedScope data, and the ones who keep their positions are usually the ones who treat the notice period as a proceeding rather than a courtesy.

What exactly is a proposed removal letter?

It is the advance notice an agency must issue under 5 U.S.C. § 7513 before removing a tenured employee for misconduct. The letter has to state the specific charges and the underlying specifications, identify the evidence the agency relied on, name the deciding official, and explain your right to answer orally, in writing, or both. You are entitled to at least 30 days of notice before the action can take effect. The main exception is the crime provision, which allows an agency to shorten notice to 7 days when it has reasonable cause to believe you committed a crime for which imprisonment may be imposed.

Performance cases run on a separate track. A removal under Chapter 43 follows a formal performance improvement plan, and the agency only has to prove unacceptable performance by substantial evidence, a lighter burden than the preponderance standard governing Chapter 75 misconduct actions.

How long do I have to respond?

The statute guarantees a reasonable time and never fewer than 7 days. In practice, most agencies set the reply window somewhere between 7 and 15 calendar days from the date you receive the notice, and many will grant a short extension if you ask in writing before the deadline expires.

Request the complete evidence file immediately, meaning every document the proposing official relied on. The agency is obligated to make that material available, and you cannot rebut what you have not read. Confirm your duty status as well. Employees are commonly placed on administrative leave or reassigned during the notice period, and pay generally continues until a decision is issued.

What should my reply actually say?

An effective reply does two jobs at once: it contests the charges you can genuinely contest, and it argues that removal is too severe even if some conduct is sustained. Skipping the second half is the most frequent error in self-prepared responses.

Deciding officials weigh the penalty using the twelve criteria from Douglas v. Veterans Administration, 5 M.S.P.R. 280 (1981). The ones that move outcomes most often include:

• Length of service and the quality of your performance record
• Consistency of the penalty with discipline imposed on other employees for similar conduct
• Whether you have prior discipline, and how recent it is
• The clarity with which you were on notice of the rule you allegedly broke
• Your potential for rehabilitation, including any mitigating personal circumstances

Documentation beats assertion. Past appraisals, awards, supervisor letters, and evidence that a comparable employee received a suspension for the same offense all belong in the package. An oral reply, delivered to the deciding official directly, is worth requesting alongside the written submission.

What happens after the decision letter arrives?

If the deciding official sustains removal, you receive a written decision explaining the reasons and your appeal rights. From there the deadlines are short and unforgiving.

An appeal to the Merit Systems Protection Board must be filed within 30 calendar days of the effective date of the action or your receipt of the decision, whichever is later, under 5 C.F.R. § 1201.22. Virginia cases go to the MSPB’s Washington Regional Office. If you believe discrimination drove the removal, you may instead contact an EEO counselor within 45 days, though pursuing a mixed case in both forums at once is not permitted. Bargaining unit employees often have a third option through the negotiated grievance procedure, and choosing it forecloses the MSPB route under 5 U.S.C. § 7121(e)(1). Whistleblower reprisal claims go to the Office of Special Counsel first, with an individual right of action available after OSC has held the case for 120 days.

Is resigning before the decision a good idea?

Rarely, and almost never without advice. A resignation submitted while charges are pending is still recorded, and agencies typically disclose the pending action in response to later employment inquiries. Resigning also extinguishes your MSPB appeal rights in most circumstances, since there is no adverse action left to appeal. Settlement negotiated through counsel can instead produce a clean separation or a reduced penalty.

When should I contact a Virginia federal employee attorney?

Before the reply is due, not after the decision. A Virginia federal employee attorney who practices in federal sector employment law can review the evidence file, identify defective charges, build the Douglas mitigation record, and open settlement talks while the agency still has flexibility. Fees vary; hourly rates for experienced federal sector counsel in Northern Virginia and Hampton Roads commonly fall in the $300 to $600 range, and many firms handle a written reply on a flat fee. If you later prevail at the MSPB, 5 U.S.C. § 7701(g) permits an award of attorney fees where the interest of justice supports it.

A proposed removal is the beginning of a process with defined rules, deadlines, and standards of proof, and those rules exist because agencies get penalties wrong. If a letter has landed on your desk, count your days carefully and speak with a Virginia federal employee attorney before you respond, resign, or sign anything.