A Notice of Proposed Removal Is Not a Firing: It Starts a 30-Day Clock

A notice of proposed removal is not a firing. It is a clock starting — and the distance between those two things is where most of your leverage lives.

Proposed means proposed. You still work there. You are still getting paid. Nothing has been decided. If one of these letters just reached you, that is worth reading twice before anything else.

What the Agency Owes You Under 5 U.S.C. § 7513(b)

Before an agency can remove a covered federal employee for cause, the statute requires four things:

• At least 30 days' advance written notice stating the specific reasons for the proposed action.
• A reasonable time — not less than seven days — to answer orally and in writing, and to furnish affidavits and other documentary evidence in support of that answer.
• The right to be represented by an attorney or other representative.
• A written decision, with the specific reasons for it, at the earliest practicable date.

Then a different official — the deciding official — decides. The person who proposed your removal is not the person who rules on it.

Ask for the Material the Agency Relied On

Separately from the notice itself, 5 C.F.R. § 752.404(b)(1) requires the agency to make available for your review the material it relied on to support the reasons given in the notice. Ask for it, in writing. And ask for the file — not a summary of the file.

What the Envelope Actually Says

Friday afternoon. An envelope on your chair. "Notice of Proposed Removal," three charges.

What just happened: three charges and a deadline.

What did not happen: your removal.

Two Things to Do the Same Day

• Request the material relied on, in writing. A written request creates its own record, and it tells you what case you are actually answering.
• Calendar your answer deadline the hour you open the envelope. The clock runs from the notice — not from the day you feel ready to deal with it.

The Practical Takeaway

The word "proposed" is doing more work in that letter than most of the rest of it. Your reply is your first real chance — and sometimes your only chance — to shape the record before a decision exists. That record is what any later appeal is built on.

It is normal for this to land hard. It is also true that you have time, rights, and a process, and that the paper in front of you is a proposal rather than a verdict.

If a proposed removal has reached your desk, you do not have to work out the reply alone. Southworth PC's attorneys for federal employees represent federal employees nationwide and worldwide.

Legal Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Federal employment situations are fact-specific and time-sensitive. Please consult a qualified federal employment attorney about your specific situation.