I recently provided training to federal managers on how to effectively manage difficult employees. I raised the issue of applying the Douglas factors to determine the appropriate penalty for a subordinate’s misconduct. I was struck by how many managers admitted that they heavily relied on human resources’ instructions as to what penalty was appropriate, with the primary emphasis being on how others had been penalized for similar misconduct. Not only is the wrong agency official doing the Douglas analysis, but there are 11 other Douglas factors that may be relevant to a manager’s penalty determination Managers who act as proposing…
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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: Can you provide a complete analysis of the Douglas factors from a case concerning unauthorized use of a computer system? A: The Douglas factors are a list of twelve issues which are widely used in determining the appropriate penalty for the non-criminal misconduct of a Federal employee. They are named for the case in which the factors were first outlined, Douglas v. Veterans Admin., 5 M.S.P.R. 280 (1981). The Merit…