Virginia’s VA medical centers in Richmond, Salem, and Hampton employ physicians, nurses, therapists, technicians, and support staff who serve veterans across the state. Discipline at the Department of Veterans Affairs follows rules that differ from most federal agencies, with separate tracks for clinical staff and a special accountability statute passed in 2017. Virginia federal employee law questions at a VA facility usually start with a single issue: which set of rules applies to your position. Below are six things to know, followed by five law firms that represent federal employees.
What should VA medical center employees know about discipline?
1. Which personnel system covers you?
VA employees fall into three main groups, and each has different discipline rules. Title 5 employees, such as many administrative and support staff, follow the general civil service system. Title 38 employees, including physicians, dentists, and registered nurses, are hired under 38 U.S.C. § 7401(1) and follow VA-specific procedures. Hybrid Title 38 employees, such as pharmacists, licensed practical nurses, and many therapists, are hired under Title 38 but generally keep Title 5 appeal rights for adverse actions. Your SF-50 shows which category you are in.
2. What is a Section 714 action?
The VA Accountability and Whistleblower Protection Act of 2017 created 38 U.S.C. § 714, which lets VA remove, demote, or suspend employees on a faster track with shorter deadlines. An appeal of a Section 714 action to the Merit Systems Protection Board generally must be filed within 10 business days, far less than the usual 30 days. Federal Circuit decisions since 2020 have required VA to prove its case by a preponderance of the evidence and to consider whether the penalty is reasonable. VA’s use of Section 714 has changed over time, so check which authority your notice cites.
3. How is discipline handled for Title 38 clinicians?
For physicians, dentists, and registered nurses, major adverse actions based on professional conduct or competence, such as removal or a long suspension, are reviewed by a Disciplinary Appeals Board, a panel of VA clinicians, rather than the MSPB. Actions not involving professional conduct or competence may follow a grievance process instead. The difference affects who decides your case and what evidence matters, so confirm early how VA has characterized the charge.
4. Can discipline affect your professional license?
Yes. Under VA rules at 38 C.F.R. Part 47, VA may report a licensed clinician to a state licensing board when it finds that the clinician’s conduct substantially failed to meet accepted professional standards. Actions affecting clinical privileges can also be reported to the National Practitioner Data Bank. If you receive notice of a possible report, respond within the stated deadline, since the report can follow you long after the VA matter ends.
5. What notice and reply rights do you have?
For most adverse actions, you are entitled to written notice of the charges, a chance to reply in writing and orally, a representative, and access to the evidence VA relied on. The reply periods under Section 714 are shorter than under traditional Title 5 procedures, so request the evidence file immediately and start preparing the same day you receive the notice.
6. Are you protected if you report patient care problems?
Yes. The Whistleblower Protection Act covers disclosures of violations of law, gross mismanagement, abuse of authority, and substantial and specific dangers to public health or safety, including unsafe patient care. Retaliation complaints go to the Office of Special Counsel. The 2017 Act also created VA’s Office of Accountability and Whistleblower Protection, which receives disclosures inside the department.
Which law firms help VA employees with discipline?
- The Mundaca Law Firm
- The Devadoss Law Firm
- HKM Employment Attorneys
- Hogan & Pritchard
- The Lipp Law Firm
1. The Mundaca Law Firm: Virginia Federal Employee Law
The Mundaca Law Firm is led by Francisco E. Mundaca, Esq., Founding Partner, with a Virginia office at 8000 Towers Crescent Drive, Suite 1350-1338, in Tysons. The firm represents federal employees from agencies across Virginia, including the Department of Veterans Affairs, the Department of Defense, the Department of Homeland Security, and intelligence, civilian, and military branches.
Its federal practice covers responses to proposed disciplinary actions and investigations, MSPB appeals of removals and suspensions, EEO discrimination and retaliation complaints, whistleblower retaliation complaints before the Office of Special Counsel, and security clearance defense. The firm also negotiates settlements and litigates when necessary. Consultations are confidential.
2. The Devadoss Law Firm
A Washington, D.C. firm whose practice includes federal employee matters.
3. HKM Employment Attorneys
An employment law firm with an office in Arlington.
4. Hogan & Pritchard
A Fairfax, Virginia firm whose practice includes employment matters.
5. The Lipp Law Firm
A Fairfax, Virginia firm that handles employment matters.
What should VA employees do when discipline is proposed?
Confirm your personnel category and the legal authority cited in the notice, because those two facts set your deadlines and your forum. Request the evidence file right away, treat any notice about privileges or licensing board reporting as urgent, and calendar every deadline in business days if Section 714 applies. If you work at a VA medical center in Virginia and have received a proposed action, an attorney who focuses on Virginia federal employee law can help you respond within the shorter VA timelines.
This article provides general information and is not legal advice. Reading it does not create an attorney-client relationship.
