HOW TO AVOID REMOVAL – Understanding the Hatch Act and Its Restrictions on Your Political Activity


More than 18 months after the Presidential Election of 2008, the U.S. Office of Special Counsel (OSC) is still investigating and filing charges against Federal sector employees who allegedly violated the Hatch Act during the last presidential election cycle. As recently as March 2010, the OSC filed a complaint with the U.S. Merits Systems Protection Board (MSPB) requesting that an employee with the General Services Administration (GSA) receive disciplinary action up to removal for allegedly sending emails to other federal employees about volunteer activities for then Presidential candidate Barrack Obama’s campaign, while that employee was on duty and/or in government building. With the midterm Congressional Elections a little less than 6 months away, now is the perfect opportunity to review the restrictions the Hatch Act places on your political activity – and with that knowledge, you can avoid reading your name in a OSC press release and removal from the Federal service.

REMEMBER THE DEFAULT PENALTY FOR A FEDERAL EMPLOYEE WHO VIOLATES THE HATCH ACT IS REMOVAL! If you have any questions or concerns regarding the Hatch Act, contact Mahoney & Jeffrey, PLLC at 202-312-7100 or

Peter J. Jeffrey, Esq.

Member & Director of Litigation

Mahoney & Jeffrey, PLLC, The Federal Employee’s Law Firm®

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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