| Comment Number: | OL-10504432 |
| Received: | 3/9/2005 1:06:51 PM |
| Subject: | Notice of Proposed Rulemaking, Request for Comment |
| Title: | National Security Personnel System |
| CFR Citation: | 5 CFR Chapter XCIX and Part 9901 |
| No Attachments |
Comments:
Page 7568 8. Attorney Fees I am not in favor of the restriction placed on an employee's ability to recover attorney fees. DoD should be held to some standard of due diligence before taking action against an employee. If you only consider "facts known to management when the action was taken", how can you be sure that the agency has done any due diligence? This lack of a due diligence standard could encourage management to take frivolous actions which would, in all likelihood, require employees to absorb onerous legal fees for their self defense. Even a successful defense by the employee would result in a financial loss to that employee. Therefore, management could take vindictive actions against employees for frivolous or perceived behaviors knowing that it would cause a financial burden to the affected employee for their legal defense.