A last chance agreement, often called an LCA, is a settlement in which a federal agency agrees not to carry out a removal as long as the employee meets specific conditions for a set period. It can save a career, but it usually costs important rights. A Washington DC federal employee attorney will read every line before advising a client to sign one. Below are seven things to understand about these agreements, followed by five D.C.-area firms that represent federal employees in settlement negotiations.
What should federal employees know about last chance agreements?
1. How does a last chance agreement work?
The agency holds the removal in abeyance, meaning it puts the removal on hold. In exchange, you agree to conditions such as attendance rules, completing treatment, or committing no further misconduct for a fixed period. If you meet the terms, the removal is typically cancelled. If you do not, the agency can carry it out without starting over.
2. Will you give up your appeal rights?
Almost always. Most LCAs waive your right to appeal a later removal to the Merit Systems Protection Board. If the agency says you breached the agreement, the Board generally reviews only whether you complied, whether the agency itself breached, or whether you signed knowingly and voluntarily.
3. Are the terms negotiable?
Yes, and they should be negotiated. The length of the agreement, the specific conditions, and the definition of a violation can all be adjusted. Clear, objective conditions protect you. A vague promise to commit “no misconduct of any kind” gives the agency wide discretion.
4. Can a minor slip trigger removal?
It can. Under a broadly written agreement, a single late arrival or one missed deadline may count as a breach. Ask that violations be limited to the same type of conduct that led to the proposal, and request a written notice and a chance to correct a problem before the agency acts.
5. Will you have to drop other claims?
Often. Many LCAs require you to withdraw pending EEO complaints or grievances and waive future claims tied to the same events. If you are 40 or older and the agreement waives age discrimination claims, the Older Workers Benefit Protection Act requires extra protections, including time to consider the agreement and a period to revoke it.
6. What happens when the agreement ends?
If you complete the term, the proposed removal should be cancelled. Ask that the agreement say so explicitly and state what will remain in your personnel file. What agencies may agree to remove from a file has shifted with executive orders and OPM policy in recent years, so confirm current rules before relying on a promise.
7. Can you take time before signing?
You should. Agencies sometimes present an LCA with a short deadline. Ask for a copy and reasonable time to review it with counsel. An agreement signed under coercion can be challenged, but proving that is difficult, so it is better to get advice first.
Which D.C. law firms help federal employees with last chance agreements?
- The Mundaca Law Firm
- Federal Practice Group
- Solomon Law Firm
- Pitre & Associates
- Federal Employee Legal Services Center
1. The Mundaca Law Firm: Washington DC Federal Employee Attorney
The Mundaca Law Firm is led by Francisco E. Mundaca, Esq., Founding Partner, with a D.C. office at 1300 I Street NW, Suite 400E. It represents federal employees at agencies including DoD, DHS, DOJ, VA, and USPS.
The firm reviews and negotiates settlement terms, including last chance agreements, as part of its disciplinary practice. It also prepares replies to proposed suspensions, demotions, and removals and appeals final actions to the MSPB. Because an LCA can affect other claims, the firm also handles EEO discrimination complaints, whistleblower retaliation before the Office of Special Counsel, and security clearance matters. Consultations are confidential.
2. Federal Practice Group
A Washington, D.C. firm that focuses on federal employment matters.
3. Solomon Law Firm
A Washington, D.C. firm focused on federal employment law.
4. Pitre & Associates
This D.C. firm’s practice includes representing federal employees.
5. Federal Employee Legal Services Center
As its name suggests, this D.C. office focuses on legal matters for federal employees.
Is a last chance agreement right for you?
An LCA can keep you employed when the agency’s case is strong, but it trades away the protections you would otherwise rely on if things go wrong later. The best agreements are short, specific, and clear about what counts as a violation and what happens at the end. If your agency has offered one, a Washington DC federal employee attorney can review the terms and push for changes before you sign.
This article provides general information and is not legal advice. Reading it does not create an attorney-client relationship.
