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I Got a Proposal for Removal—What Should I Do in the Next 7 Days?

Posted by Matthew Estes | Jul 07, 2026 | 0 Comments

If you receive a proposal for removal, you typically have a short window—often as little as 7 days—to respond. What you do now can determine whether you keep your job.

Here are five important steps every federal employee should take after receiving a proposed removal.

Step 1: Don't Respond Right Away and Get an Extension if Needed

Your first instinct may be to immediately explain your side of the story. Resist that urge.

An emotional or rushed response can hurt your case. Instead, read the proposal carefully, gather your thoughts, and develop a plan before responding. A well-prepared response is almost always better than a fast one.

But don't miss your deadline. This is one of the biggest mistakes employees make.

Your proposal should tell you exactly when your response is due. Missing that deadline could seriously affect your ability to defend yourself.

If you need more time, ask for an extension as soon as possible.

Step 2: Understand the Charges Against You

Read every charge and specification carefully. This includes reviewing all supporting evidence, such as emails, witness statements, reports, etc.

Ask yourself:

  • Is what they're saying accurate?
  • Do they have evidence to support it?
  • Is important information missing?

You should also consider and highlight beneficial mitigating evidence. The deciding official must consider whether removal is the appropriate penalty, by taking into account factors like your work history, past performance, and disciplinary record.

Step 3: Gather Evidence That Helps Your Case

Don't just tell the agency they're wrong—show them why.

Helpful evidence may include:

  • Emails or other documents disputing the charges or supporting your position
  • Strong performance reviews
  • Awards or commendations
  • Medical documentation (if relevant)
  • Evidence that other employees received lesser discipline for similar conduct

Even if you made a mistake, good mitigation evidence can sometimes lead to a lesser penalty.

Step 4: Talk to a Federal Employment Attorney

Many employees wait until they've been removed before seeking legal help. By then, valuable opportunities may already be gone.

It is always easier to stop an adverse action than it is to reverse one.

A federal employment attorney can help you:

  • Evaluate the agency's case
  • Identify legal defenses
  • Prepare strong written and oral replies
  • Maximize your chances of keeping your job

Step 5: Respond in Writing and Orally

This is your chance to convince the deciding official that you did not commit the misconduct you are accused of and/or that the proposed penalty is unreasonable and should be mitigated.

A strong written response:

  • Addresses each charge directly
  • Challenges weak and unsupported claims
  • Presents mitigation clearly and persuasively
  • Includes supporting evidence gathered in Step 3.

This is not about writing more—it's about writing strategically.

The written response may be the best way to present your facts, evidence and arguments but the oral reply is also very valuable.

The oral reply gives you a chance to speak directly to the deciding official. A strong oral reply can help you build credibility and show the deciding official that you are not the employee the proposal portrays you to be.

 

What Happens After You Respond?

After reviewing your response, the deciding official will issue a decision.

If you're removed, you may have the right to appeal through the Merit Systems Protection Board (MSPB), your union's grievance process, or the EEO process if discrimination or retaliation is involved. These deadlines are also short, so don't delay.

 

Don't Wait Until It's Too Late

A proposal for removal is not a final decision—it's your chance to defend yourself before the agency decides whether to remove you.

If you've received a proposal for removal from federal employment, timing matters. The sooner you understand your rights and develop a strategy, the better your chances of protecting your career.

Contact us today if you are facing a proposed adverse action.

About the Author

Matthew Estes

I have been practicing employment law for more than 15 years in the Washington, D.C. Metropolitan Area. After working at law firms of various sizes, in roles from law clerk to Partner, I decided to start my own firm in 2023 to better serve my clients. I know that an individual's employment is mor...

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