Internationally Recognized Trial Attorneys
MSPB Appeals Attorney
If you are dealing with a grievance in the workplace, an MSPB appeals attorney may help you. For years, The Federal Practice Group has been zealous defending federal employees at all levels: before the Merit Systems Protection Board Administrative Law Judges, a full three-member MSPB panel, and all the way to the U.S. Supreme Court.
All federal employees have several rights and protections under the Civil Service Reform Act of 1978. The MSPB oversees these rights, as well as the right to appeal things such as:
- Wrongful termination
- Reductions in force
- Rejection of benefits
- Whistleblower retaliation
- Unfair treatment
- + More
Our firm has defended many federal employees from all over the country and against all agencies. Our MSPB appeals attorneys are considered to be some of the most knowledgeable and experienced. We can provide you with the legal representation you may be looking for. Call The Federal Practice Group now.
As you might know, being wrongly terminated or disciplined from a federal position can have a significant impact on your career and overall life. If you are not ready for the likely repercussions – that could be extensive – you should retain an MSPB appeals attorney as soon as possible. We understand the rules and process of the MSPB and can guide you through everything while facing many of the challenges you would face without an attorney at your side.
Information About the Merit Systems Protection Board
Below we have included a brief, albeit general, information about the Merit Systems Protection Board. Because this topic is broad and complicated, we would encourage you to contact one of our attorneys for MSPB appeals to get more specific information on your case.
Understanding the Merit Systems Protection Board
The Merit Systems Protection Board (MSPB) is an independent agency within the Executive Branch. This agency serves as the “guardian” or overseer of the principles of the Federal merit system. All federal employees have very specific rights and protections, and some of these include the right to appeal adverse personnel actions to the MSPB. The board will consist of three members who have been appointed by the United States President and confirmed by the U.S. Senate.
Who Can File an Appeal with the MSPB
Not all federal employees have a right to file an appeal before the MSPB. Furthermore, not everyone who can file an appeal will have to be a federal employee. For example, sometimes applicants of non-political appointments who do not get a job because of a state-protected or federally protected characteristic may be able to appeal on the grounds of ‘failure to hire.’ In general, political appointees will be excluded.
Some employees who can generally file an appeal with the MSPB include:
- Employees who have completed one year, or a trial period, in the competitive service
- Veterans with at least one year of employment
- Personnel, managers, and supervisors of the USPS
- Select service employees who have at least two years of continuous service
Even if you do not fit the description above, please call an MSPB appeals attorney from The Federal Practice Group.
Frequently Asked Questions: Merit Systems Protection Board
As an MSPB appeals attorney will tell you, no federal employee should find themselves facing retaliation or discrimination in the workplace. These are known as prohibited personnel practices that are illegal and considered violations of the federal merit system. The Merit Systems Protection Board’s primary focus is to employ a workforce that is free of prohibited personnel practices. If you are a federal employee who has experienced adverse employment actions, you may be able to file an appeal. The Federal Practice Group has the necessary experience to answer your questions and assist with the appeals process.
What is the MSPB responsible for?
The US Merit Systems Protection Board is responsible for objectively evaluating and assessing policies and procedures in place by the Federal merit system. Most importantly, the MSPB allows federal employees a means to appeal adverse employee actions. There’s a wide range of adverse actions that may qualify for an appeal, such as misconduct, retaliatory actions, suspensions, furloughs, discriminatory actions, and more.
What is the process to initiate an appeal with the MSPB?
The MSPB website provides an e-Appeal website to initiate the appeals process. Federal employees are guided through the online application process. It’s essential to be aware that appeals must be filed within 30 days of the action or decision being appealed.
When can a Federal employee be terminated?
When a federal employee is in their probationary period, agencies can dismiss the employee for any reason. However, they must not violate the law, meaning; the decision can not be based upon discrimination, whistleblower retaliation, etc. Also, be aware that a probationary employee typically has very few appeal rights. Our MSPB appeals attorney shares that, once the probationary period has passed, a federal employee can only be terminated for poor performance, misconduct, or inability to perform job duties.
Is it possible to represent myself (pro se)?
Pro se is the Latin term meaning “on one’s own behalf.” Pro se is the term used when referring to parties who are representing themselves in court. While a federal employee can certainly represent themselves during the MSPB appeals process, it may be in your best interest to contact an attorney.
Why should I have an attorney represent me?
While it’s possible to represent yourself during the MSPB process, you may not want to. However, it’s critical to be aware that the process is similar to traditional legal proceedings and can become complicated and overwhelming. Pursuing an appeal can require an extensive amount of preparation, which a lawyer can assist with. To ensure the best possible outcome, a lawyer will be in your best interest.
When an employer has engaged in prohibited personnel practices, you may have the right to take further action as a federal employee. No person should experience the impact these actions can have on a person. The Federal Practice Group, located in Washington, DC, has a long-standing reputation of providing clients with representation for federal employees that is both effective and affordable. When facing adverse actions, it’s critical to contact our office immediately. Contact our MSPB appeals attorney as soon as possible so that we may begin reviewing your case and safeguarding your interests by carefully strategizing the next steps.