This is particularly true when considering the impact of off-duty conduct on one’s Federal employment status. However, agencies must be careful when explaining that the conduct is egregious because what one person might find clearly egregious, another may not. The Board has recognized three methods by which the agency may meet its burden of establishing a nexus linking an employee’s off-duty misconduct with the efficiency of the service: (1) a rebuttable presumption of nexus may arise in certain egregious circumstances (2) the agency may show, by a preponderance of the evidence, that the misconduct at issue has adversely affected the employee’s or co-workers’ job performance or the agency’s trust and confidence in the employee’s job performance and (3) the agency may show, by a preponderance of the evidence, that the misconduct interfered with or adversely affected the agency’s mission. 4 However, nexus can occur with off-duty as well as on-duty behavior. 3 Many offenses that take place in the workplace will have a connection to that workplace and thus the work of the agency performing its functions. To implement a suspension, demotion, or removal for misconduct, the agency must be able to show that the action was “for such cause as will promote the efficiency of the service.” 1 This is often referred to as “nexus” – meaning that the agency must show a connection between the employee’s conduct or performance and “the work of the agency, i.e., the agency’s performance of its functions.” 2įor some offenses, such as absence without approved leave (AWOL), the nexus is considered self-evident. Implementing or Challenging Initial DecisionsĬonnecting the Job and the Offense (“Nexus”).
Identifying Probationers and Their Rights.
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Agency Officials' Substantive and Procedural Errors and How to Fix Them.Avoid Facilitating Prohibited Personnel Practices (PPPs).How Employees Become Similarly Situated for Purposes of an Adverse Action Penalty.Labels are Not Required, but if Used They Must be Proven.Connecting the Job and the Offense ("Nexus").Decision-Maker Must Listen and Have Power to Decide.Legal Sources for the Right to Notice and a Meaningful Opportunity to Reply.Different Types of Adverse Actions Use Different Rules.Performance-Based Actions under Chapters 43 and 75 of Title 5 - Similarities and Differences.The Adverse Action Process - A Flowchart.
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