Fort Detrick in Frederick is home to Army medical research commands, biodefense laboratories, and several other federal agencies, along with a large contractor workforce. An adverse action is a serious disciplinary step, such as a removal, demotion, or long suspension, and civilian employees there face them with the same rights as other federal workers plus a few complications specific to high-containment research. A Maryland federal employee attorney will usually begin by confirming who your employer is and what kind of action you face. Below are six things to know, followed by five Maryland law firms that represent employees.
What should Fort Detrick civilian employees know about adverse actions?
1. Who is your actual employer?
Start here, because Fort Detrick hosts several employers on one installation. Army civilians, employees of HHS agencies such as NIH, and contractor staff can work in neighboring buildings under entirely different rules. The Frederick National Laboratory for Cancer Research, for example, is operated by a contractor, so most of its staff are not federal employees. Federal employees use the processes described below. Contractor employees generally do not have Merit Systems Protection Board appeal rights.
2. Which actions count as adverse actions?
Under Chapter 75 of Title 5, the main adverse actions are removals, suspensions of more than 14 days, reductions in grade or pay, and furloughs of 30 days or less. These are generally appealable to the MSPB once you have completed your probationary period, which is one year for most new Defense Department hires. A reprimand or a suspension of 14 days or less is not an adverse action in this sense and cannot be appealed to the Board.
3. How much notice are you entitled to?
For most adverse actions, 5 U.S.C. § 7513 requires at least 30 days’ advance written notice, at least 7 days to reply in writing and orally, the right to a representative, and a written decision. You can also review the material the agency relied on. One exception matters: when there is reasonable cause to believe you committed a crime that could lead to imprisonment, the agency may shorten the notice period.
4. What happens if you lose biological surety or select agent access?
Many Fort Detrick laboratory positions require enrollment in the Army’s Biological Personnel Reliability Program under Army Regulation 50-1, along with approval for access to select agents. Suspension or disqualification can lead to reassignment or removal for failing to meet a condition of employment. Reliability decisions follow their own review process, so respond to any notice about your status as carefully as you would to a proposed removal.
5. How is the penalty judged?
The agency and the MSPB apply the Douglas factors, 12 considerations from a 1981 Board decision that weigh the seriousness of the offense, your work record and length of service, and how others were disciplined for similar conduct. A strong reply addresses these directly, because the deciding official can sustain the charges and still choose a lighter penalty.
6. What are your options after a final decision?
Most permanent employees can appeal to the MSPB within 30 days of the action’s effective date. If you are covered by a collective bargaining agreement, you may be able to file a grievance instead, but you usually must choose one route. If the action involves discrimination, it becomes a mixed case with its own filing rules.
Which Maryland law firms help Fort Detrick employees?
- The Mundaca Law Firm
- Employment Law Center of Maryland
- The Law Office of Justin Schnitzer
- Freedman Law
- Joseph, Greenwald & Laake
1. The Mundaca Law Firm: Maryland Federal Employee Attorney
The Mundaca Law Firm is led by Francisco E. Mundaca, Esq., Founding Partner, with a Maryland office at 1997 Annapolis Exchange Parkway, Suite 300, in Annapolis. The firm represents federal workers at agencies across Maryland, including military installations with civilian workforces, NIH, FDA, the Social Security Administration, and NSA.
For employees facing adverse actions, its federal practice covers written and oral replies to proposed removals, demotions, and suspensions; negotiating alternatives to termination; MSPB appeals; mixed cases; EEO discrimination complaints; whistleblower retaliation claims; and security clearance matters. Consultations are confidential.
2. Employment Law Center of Maryland
As its name suggests, this Frederick firm focuses on employment law.
3. The Law Office of Justin Schnitzer
This Pikesville office represents federal employees in workplace matters.
4. Freedman Law
A Maryland employment law firm with offices in Rockville and Columbia.
5. Joseph, Greenwald & Laake
A Maryland firm with several practice areas, including employment law.
How should Fort Detrick employees respond to an adverse action?
Confirm your employer and appointment first, then read the notice closely for the charges, the deadline to reply, and the materials you are entitled to see. Address the Douglas factors in your reply, treat any change to your reliability or select agent status as urgent, and calendar the 30-day MSPB deadline the day a decision arrives. If you work at Fort Detrick and have received a proposed adverse action, a Maryland federal employee attorney can help you prepare a response and protect your appeal rights.
This article provides general information and is not legal advice. Reading it does not create an attorney-client relationship.