MSPB Appeals
MPSB Appeals Appeals Representation
Our MSPB appeals attorneys specialize in representing federal employees before the U.S. Merit Systems Protection Board (MSPB) in all matters within the MSPB’s jurisdiction.
Our expertise covers the intricacies of MSPB processes and regulations, ensuring that your case is handled with professionalism and comprehensive legal knowledge.
Navigating MSPB Procedures
The MSPB is an independent federal agency that has jurisdiction over several federal employment matters, including:
- Appeals of adverse actions taken against federal employees, including removals from federal service (termination), demotions, and suspensions of more than 14 days;
- Individual Right of Action (IRA) appeals for retaliation against federal employees for protected whistleblower disclosures;
- Appeals taken under the Uniformed Services Employment and Reemployment Rights Act (USERRA) or the Veterans Employment Opportunities Act (VEOA); and
- Appeals of Office of Personnel Management (OPM) decisions concerning retirement and annuity calculations and entitlements.
The Federal Practice Group has a proven track record of representing federal employees before the MSPB in all matters over which the MSPB has jurisdiction.
What Can I Expect to Happen when I First File My MSPB Appeal?
To file an MSPB appeal, we recommend using the MSPB’s e-appeal system. Upon filing your appeal, the process will begin, and jurisdiction will be established.
File Appeal/Establish Jurisdiction
Once the appeal is filed, the MSPB will assign an Administrative Judge within days. You will also receive a document entitled “Acknowledgment & Order,” which contains information about both parties’ appeal process and deadlines. Some of these deadlines come quickly, so pay attention to every page.
In some cases, the MSPB Administrative Judge will also issue an Order to Show Cause, which is issued when the Administrative Judge has a question concerning whether the MSPB has jurisdiction over the appeal. You must respond to any Order to Show Cause and are typically allowed only ten days to file a response.
An Order to Show Cause is always issued in IRA appeals (for whistleblower retaliation) and appeals under USERRA and VEOA.
Discovery
In all MSPB cases, the agency is ordered to file what is referred to as the Agency File, which should contain the basic documents relevant to the appeal and a narrative response from the agency’s perspective.
The parties will then engage in discovery, in which each party sends the other requests for interrogatories, documents, admissions, and sometimes notices of deposition.
The parties usually have only 20 days to respond to each other’s requests, although it is not uncommon that the parties must work out disputes over access to information.
Pre-Hearing/Hearing
The Administrative Judge will often issue a Hearing Order shortly after discovery begins, setting the deadlines for future procedures. The parties must file pre-hearing Statements identifying the issues present in the appeal, the witnesses each party intends to call, and any exhibits a party wants to be introduced into the record.
The Administrative Judge will then hold a pre-hearing conference to identify which witnesses are approved to testify at the hearing and clear up any disputes over what issues must be resolved.
Finally, the appeal will proceed to a hearing, which often occurs at the MSPB’s offices, although it may occur at an agency facility. The hearing will look like a trial and open to the public. However, no witnesses can be present when other witnesses are testifying. Each witness will be asked to take an oath, and a court reporter will transcribe the testimony.
Decision
Following the hearing, the Administrative Judge will issue an Initial Decision, which will become the final one unless one of the parties files an appeal by the deadline. Under MSPB rules, the Administrative Judges are supposed to issue decisions within 120 days of the initial appeal.
If either party is dissatisfied with the Initial Decision, it can file a Petition for Review with the Board, which will review the decision for factual or legal errors.
Following that, there can be an appeal to the U.S. Court of Appeals for the federal circuit. However, you may have different rights depending on whether your appeal involved any affirmative defenses of discrimination.
Advocacy & Representation through MSPB Challenges
As a federal employee, our MSPB attorneys play a crucial role in advocating for your rights and interests if you face adverse employment actions or legal challenges within the federal government. Our team of experts will provide legal expertise, representation, and support throughout the process. Whether you are looking to negotiate and settle or file an MSPB appeal, we can help.
You will discover many advantages when choosing the Federal Practice Group. These include:
- Experience with all lfederal government levels We have dealt with the CIA, NSA, FBI, and other intelligence community members.
- An ethical approach to every case: We uphold legal and ethical codes while providing you with the best representation. We will never ask you to compromise your moral standards, either.
- An innovative approach to solving your problem: We employ creative thinkers who seek solutions to our client’s issues outside the box.
- A passion for people: Our attorneys know that when we deal with careers, we deal with people. We will work with you personally, listening and consulting to ensure that you feel in control of your case’s outcome.
The MSPB appeals process can be complex. Our experienced team can help.
Our Practice Focus
What Makes Us Different
From EEO complaints to adverse actions, our experienced federal employment attorneys ensure your entitlement to due process and legal representation every step of the way.
Represent government employees at all federal agencies, nationwide and overseas
Highly-skilled MSPB appeals attorneys with a proven track record
Notable success in EEO complaints and appeals
Frequently Asked Questions
Federal employees are protected from discrimination based on sex, gender, color, race, national origin, religion, age, and disability, and have the right to file an EEO complaint against their agency should they face discrimination. Federal employees also have the right to due process before being subjected to an adverse action.
Yes, federal employees can sue for discrimination, but first you must exhaust administrative remedies, which includes filing a formal complaint with your agency and letting 180 days pass. In many instances, federal employees elect to pursue their EEO complaints through the EEOC’s hearing process instead of filing a civil action.
Federal employees must initiate contact with an EEO Counselor within 45 days of any act of discrimination. After an informal complaint stage, you will be issued a Notice of Right to File a formal complaint, which will permit you 15 days to do so.
Federal employees do not have the right to sue for wrongful termination the way private sector employees do, but most federal employees have the right to appeal a removal to the MSPB, which will adjudicate whether the Agency can sustain any charges raised against you.
Yes, most federal employees can file a complaint against their agency with the U.S. Office of Special Counsel (OSC) if they are facing whistleblower retaliation. If OSC does not accept your complaint for investigation and prosecution, OSC will issue you an Individual Right of Action (IRA) notice giving you the right to pursue corrective action at the MSPB. Federal employees do not have the right to sue in court under the Whistleblower Protection Act.