Receiving a notice of proposed removal can be frightening. It threatens an employee’s job security and financial well-being and is usually linked to disciplinary action.
The specific procedures and requirements associated with a Notice of Proposed Removal (NPR) can vary depending on the employer’s policies, industry, and applicable laws. An experienced employment attorney can help you navigate the legal complexities of an NPR and protect your rights.
At Rowdy Meeks Legal Group LLC, we also handle wage and overtime violations.
What is a Notice of Proposed Removal?
An NPR is an official written notice that an employer issues to an employee in the context of disciplinary action. It is a formal communication informing the employee that the employer is considering terminating their employment. The NPR outlines the reasons for the proposed removal, the grounds for the disciplinary action, and any rights or options available to the employee.
The specific procedures and rights applicable vary based on an employee’s employment status. For example, federal, private, state, or local governments will have different requirements and process details.
The federal government, for example, can issue two types of NPR.
1. Poor performance
However, the agency must meet multiple obligations in a non-probationary case.
- It must notify the employees of their right to choose a representative to help them.
- The employee must receive written notice of the proposed action.
- The employee must have the opportunity to respond to the NPR.
The points above are just a few of the obligations the federal government must meet when issuing an NPR.
Initial Steps After Receiving a Notice of Proposed Removal
It’s crucial that employees carefully read the NPR. It will outline the reasons for the intended removal and state the deadlines or response requirements.
As an employee who has received an NPR, you should review all applicable policies and regulations.
- Employer’s policies
- Employee handbook
- Relevant collective bargaining agreements
- Employment contracts
Consult an Attorney
Consult an experienced employment attorney, especially if you are a federal employee. An attorney can provide guidance, explain your rights, and help you draft a response.
Gather Documentation and Consider a Response
Documentation, like records, emails, and evidence related to employment and the issues mentioned in the NPR, can be crucial when presenting your response. An attorney can help you consider your response, which should be professional, respectful, and focused on the facts and your legal rights.
Your response should
- Address each point raised in the NPR.
- Provide evidence and arguments that support your position.
- Be either oral or written. Your tone, demeanor, and words are vital if you present your case before an official in person.
- Meet the prescribed deadlines. Under most circumstances, employees have at least seven days to respond to an NPR.
Request a Hearing or Settlement Negotiations
Federal government employees may have the right to request a hearing before the Merit Systems Protection Board (MSPB). An experienced employment attorney can be invaluable during this process.
It may also be possible to negotiate a settlement in some cases. An attorney can help you explore your options and protect your rights.
Throughout the entire process, from drafting a response to reaching a settlement, it is crucial that you maintain professionalism. Avoid retaliatory behavior with your employer, colleagues, and reviewing authorities.
Rowdy Meeks Legal Group LLC: Vigorously Pursuing Employment Rights
Receiving an NPR can be daunting. It affects your career, and navigating the complex legal processes can be overwhelming. An experienced employment attorney can help guide you through the legalities and protect your rights to ensure the process is fair.
If you have received a notice of proposed removal and want to learn more about your rights, contact Rowdy Meeks Legal Group LLC for a free case evaluation.