If the federal government implements workplace requirements or performance standards that are unreasonable or impossible to meet, career civil servants still have many legal protections under federal law.
Here are key steps to protect oneself:
1. Document Everything
Keep Detailed Records: Maintain thorough documentation of all communications, performance expectations, assignments, and your efforts to meet them. This includes emails, memos, meeting notes, and any feedback received.
Track Workload: If expectations are unreasonable due to workload, deadlines, or lack of resources, keep a log of tasks assigned, time spent, and any obstacles encountered.
2. Seek Clarification in Writing
Request Written Expectations: Politely request clarification of expectations and standards in writing. This helps create a record that can demonstrate the impossibility or ambiguity of the requirements.
Ask for Feedback: Regularly seek feedback to ensure you’re aligned with expectations. Document the feedback received. If feedback is inconsistent or unclear, document those interactions.
3. Utilize Internal Processes
Performance Improvement Plan (PIP): If placed on a PIP, treat it seriously. Document your compliance efforts, raise concerns if goals are unattainable, and request support or resources in writing.
Grievance Procedures: If you believe you’re being unfairly targeted, you can file a grievance through your agency’s administrative process or, if part of a union, through the union’s grievance process.
4. Engage Your Union (if Applicable)
Union Representation: If you’re part of a union, consult your representative early. They can provide guidance, advocate on your behalf, and help you navigate grievance procedures effectively.
5. Report Unlawful Practices
Office of Special Counsel (OSC): If you suspect retaliation, prohibited personnel practices, or whistleblower reprisal, file a complaint with the OSC.
Whistleblower Protections: Federal employees are protected under the Whistleblower Protection Act, which safeguards those who disclose illegal activities, gross mismanagement, abuse of authority, or threats to public safety.
6. Prepare for Appeals
Merit Systems Protection Board (MSPB): If you’re facing disciplinary action or removal, you have the right to appeal to the MSPB. Your documented evidence will be crucial in showing that performance expectations were unreasonable.
Equal Employment Opportunity (EEO) Complaint: If discrimination is involved (based on race, gender, age, disability, etc.), you can file an EEO complaint.
7. Consult Legal Counsel
Federal Employment Attorneys: If the situation escalates, consulting an attorney who specializes in federal employment law can help you understand your rights and options.
Key Legal Protections to Reference:
Civil Service Reform Act of 1978: Protects against arbitrary terminations.
Whistleblower Protection Act: Safeguards against retaliation for reporting misconduct.
Due Process Rights: Ensure notice and the opportunity to respond before disciplinary actions.
Final Thoughts
Staying proactive, documenting everything, and understanding your legal rights are the strongest ways to protect yourself. Federal employment law heavily favors due process, and employees who can demonstrate good-faith efforts to meet expectations—along with unreasonable standards—often prevail in appeals.
