Breach or Violation of Physical Security Policy

Melville Johnson PC
October 27, 2020

Have you been charged with a breach or violation of physical security policy? Breach of physical security charges are typically specific to jobs such as correctional, fire, security, or police officers, but can also sometimes include other positions. The types of conduct covered by this charge have included carelessness concerning firearms, or actions involving security screening violations.


To sustain this charge, the Agency must establish that: (1) there is an agency regulation or guidance setting out security policy; (2) the employee is on notice of the policy (i.e. knew or should have known); (3) as part of duties, the employee is required to follow policy; and (4) the employee committed conduct, constituting an omission or commission, in violations of the policy.[1]


Key defenses are whether the employee was on notice of the violation of any policy, did the conduct occur as alleged, and whether the employee has any affirmative defenses. Therefore, it is also very important to review the Federal Agency’s security policies to determine whether the Agency’s policy was unclear, ambiguous, or was lacking in terms of notice.


The federal employee attorneys at Melville Johnson, P.C. are highly experienced in MSPB matters such as these, and are willing and able to assist you in your federal employment legal matters. Call or message us today to discuss your situation and learn how we can assist you. Give us a call today at (404) 724 0000.

[1] Boo v. DHS, 122 M.S.P.R. 100 (2014).

This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.
Contact us today
If you're a federal employee and feel you've been the victim of unlawful discrimination involving MSPB claims or EEO claims, our experienced federal employment attorneys stand ready to fight on your behalf. Give us a call today at (404) 724-0000 or fill out the form below and we'll be sure to follow up in a timely manner.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
what our clients are saying
“I really appreciate how much Melville Johnson cared about my case. From the very beginning of the process, their federal employee attorneys were friendly and very informative. We won the case, and they were even helpful afterwards, answering any questions or concerns. Thank you Melville Johnson, and I will definitely pass your good work along to others in need.”
- Jim R.
“Despite the complexity of my situation, Melville Johnson took on my claim and immediately put me at ease with a clear demonstration of their expertise with EEO law. From the very start, the firm’s team members have been amazing to work with—hardworking, honest and extremely trustworthy. I would recommend them to anyone who needed this type of legal assistance!”
- Bridget B.
“As a person with a disability working for the federal government, I knew I needed to get the right legal professional assistance for my case. And while the process could have been tedious and overwhelming for a layperson without much legal knowledge, Melville Johnson alleviated all the potential stress involved by taking the guesswork out of my hands. With their help, I received disability approval in record time! I want to thank you for the superior work your firm performed. From my very first contact, your Client Intake Manager took the time to answer all of my initial questions and provide detailed information at every turn. And your attorneys showed nothing but professionalism and kindness throughout the process.”
- Sandra B.
“The consummate professionals at Melville Johnson work closely with you to ensure your rights are being protected. As a current federal employee, I found myself in a situation where the job I was asked to do didn’t match the position description for which I was hired nor the compensation I deserved. With the firm’s help, I was able to obtain back pay and transfer into a position that matched the job I was performing."
- L.M.