Federal Employee Investigation & Proposed Discipline Lawyer
Under investigation? Facing a proposed suspension or removal? The most important moment to protect your federal career is before a final decision is issued.
If you are a federal employee under investigation or facing proposed discipline, your career may already be at risk. Many employees wait until they receive a final removal decision. By then, the agency has built its case.
At Cacciatore Legal, we help federal employees early in the misconduct process — during the investigation or proposal stage — to protect careers, security clearances, retirement eligibility, and reputations. The earlier you act, the more options you have.
Why Choose Cacciatore Legal? Ohio, Midwest & D.C. Federal Employment Lawyer
Our Inside Edge & Experience
At Cacciatore Legal, we understand the incredible stress you are under, and we are here to fight for your professional life. As a former federal government attorney, Anthony Cacciatore understands how agencies build misconduct cases — and where they make mistakes. Early intervention can reduce penalties, lower legal costs, and preserve long-term federal careers.
- He knows the agency’s playbook. He anticipates the government’s legal strategies and evidence well before they present them.
- He knows what a winning defense looks like. He uses his insider knowledge to expose flaws in the agency’s investigation, documentation, and disciplinary procedures.
- He knows how to win federal employment law cases. His experience allows him to build a proactive strategy designed to secure a favorable outcome, many times before an adverse action ever comes into play.
The Cacciatore Legal Approach
As a former federal government lawyer, Anthony understands how agencies evaluate discipline — because he has seen it from the inside.
Instead of escalating conflict unnecessarily, Cacciatore Legal works to:
- Intervene during investigations
- Prepare strategic written and oral replies
- Challenge weak evidence
- Negotiate reduced penalties
- Represent employees before the MSPB when necessary
Our focus is simple: protecting federal careers before the damage is permanent.
What Is a Federal Employee Misconduct Case?
Misconduct cases fall under Chapter 75 of federal employment law. These actions involve alleged rule violations, such as:
- Insubordination
- AWOL or attendance issues
- Misuse of government property
- Time and attendance fraud
- Conduct unbecoming
- Failure to follow instructions
If proven, the agency may impose discipline. Some penalties become appealable adverse actions before the Merit Systems Protection Board (MSPB).
What is an Employee Investigation?
This is when the agency is:
- Gathering facts
- Interviewing witnesses
- Reviewing emails, time records, reports, etc.
- Possibly conducting an OIG or internal affairs investigation
At this stage:
- No discipline has been proposed yet
- The employee may be interviewed
- The employee may not fully understand the risk
But this is often where the case is built. It is strategic to hire legal representation at this stage to stop the investigation in it’s tracks.
In some agencies, this may involve:
- An OIG investigation
- A management inquiry
- A fact-finding or administrative investigation
What is a Proposed Discipline?
This is when an agency tells the federal employee:
- What misconduct or performance issue is alleged
- What discipline they are proposing (e.g., suspension, demotion, removal)
- The evidence supporting it
- The employee’s right to respond
It’s not final. It’s the agency saying: “We intend to take this action unless you successfully respond.”
What is an Adverse Action?
An adverse action occurs after:
- The employee has had the opportunity to respond
- A deciding official reviews the response
- The agency issues a final decision
This is when the discipline becomes official. Under federal law (5 U.S.C. Chapter 75), adverse actions typically include:
- Removal (termination) from your job.
- Suspension of more than 14 days.
- Reduction in grade or pay.
- Furloughs of 30 days or less
The Stages of a Federal Misconduct Case
Understanding the timeline from Investigation, Proposed Discipline, Adverse Action to MSPB Appeal is helpful in knowing what is at stake at each step.
Investigation Stage
This is where the agency begins building its case. They may interview you, question witnesses, collect emails or other records, or conduct an internal affairs or OIG investigation. At this stage, the federal employee has not been formally charged, so it is a great time to obtain legal help to stop an employee misconduct investigation in it’s tracks.
Proposed Discipline
If the agency concludes that misconduct did occur, it will issue a written proposal that includes all the allegations, evidence, proposed penalty, and the employee’s right to respond. This is another step in the process that having a federal employment lawyer on your side to fight back before a final decision is made is crucial.
Adverse Action (Final Decision)
After reviewing your response, a deciding official at the agency will issue a final decision on what the penalty may be, such as, removal, Suspension over 14 days, demotion, or furlough. These are appealable to the MSPB
MSPB Appeal
At this point the case moves to an MSPB appeal. To fight the decision at this point, legal representation is needed.