Ask FELTG: Is longer service an aggravating or mitigating factor in discipline cases?

April 7, 2026

The old adage, “You’ve been around so long, should know better” applies in many situations, but not when it comes to discipline of a Federal employee who engages in misconduct. One of the Douglas factors an agency is required to consider when making a penalty determination in appealable actions is the employee’s work record and performance – which includes length of service in their current agency, plus previous agencies and active duty military.

The MSPB considers long service a mitigating factor and has held that additional years of service do not justify harsher penalties. In fact, the longer an employee serves in the Federal government, the less likely it is that her misconduct (unless it is egregious) will lead to removal, especially if there is no past discipline. See, e.g., Wentz v. USPS, 91 MSPR 176 (2002); Brown v. Treasury, 91 MSPR 60 (2002).

Recent nonprecedential Board decisions considered decades of service as a reason to mitigate a removal. Two examples:

  • The appellant missed a required drug test because she was stuck in traffic on the way to work, and the Board mitigated her removal to a 90-day suspension – in part because she had 34-years of discipline-free service. Briscoe v. DOJ, DC-0752-23-0665-I-1 (Nov. 20, 2025)(NP).
  • Despite the appellant being a high-level supervisor who gave several of her employees marijuana gummies, the Board mitigated her removal to a demotion because, among other things, she had 33 years of service and marijuana was legal in the state where she purchased it. Betha v. USPS, CH-0752-19-0116-I-2 (Jul. 5, 2023)(NP).

On the opposite side, shorter service is an aggravating factor. It may seem counterintuitive because “You haven’t been here that long, maybe you didn’t know better” is a logical thought process for many. But the Board considers it aggravating, so we must as well.

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This information is for educational purposes only and is not legal advice. Contacting FELTG does not create an attorney-client relationship. Please consult an attorney for legal advice.