The vast majority of appeals filed with the Merit Systems Protection Board (MSPB) are of agencies’ decisions to take adverse actions against federal employees. Adverse action cases include removals, demotions, and suspensions of more than 14 days. If your agency has taken an adverse action against you, the Federal Practice Group will be in your corner to fight for your career and your reputation.
In an adverse action appeal at the MSPB, the agency – not the employee- bears the burden of proof. The agency’s particular burden of proof depends on whether the agency took the action because of misconduct charges pursuant to 5 U.S.C. Chapter 75 (which can also include the charge of unacceptable performance) or whether the agency took a performance-based action pursuant to 5 U.S.C. Chapter 43 (which typically follows the employee’s placement on a Performance Improvement Plan, or PIP).
To file an MSPB appeal, the federal employment law attorneys at The Federal Practice Group recommend that you use the MSPB’s e-appeal system, which can be accessed through the MSPB’s website at https://e-appeal.mspb.gov/, and which will guide you through the questions you need to answer to file a proper appeal.
You should understand certain things about misconduct cases to ensure you are treated fairly:
You should also be versed in what performance-based actions may entail:
The Federal Practice Group is accomplished in adverse action cases at the MSPB. Our recent success in this category includes:
The proven attorneys at the Federal Practice Group have over a century of combined experience successfully assisting federal employees, government contractors, and military personnel through the most difficult periods of their lives and careers.
The Federal Practice Group provides skilled, results-driven representation. Through their thorough and aggressive representation of clients, our attorneys have earned a reputation throughout the legal community as relentless advocates who leave no stone unturned. This passionate, exacting approach yields results for our clients.