The vast majority of the appeals filed with the Merit Systems Protection Board (MSPB) are of agencies’ decisions to take adverse actions (such as removals, demotions, and suspensions of more than 14 days) against federal employees. 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 (PIP)).