As a federal employee, there is a certain obligation that you have to do your job efficiently and be honest that your job and you be courteous while doing a job. Furthermore, the federal government has an obligation to ensure that personnel is balanced by its employees, the agencies that employ them in the public they serve because as a government agency you are indeed serving the United States public.
Therefore sometimes the government has to take personnel actions that are going to adversely affect its employees and when it does so it has to ensure that those employees are going to be protected from arbitrary or unfair treatment.
So let’s talk about the United States Merit Systems Protection Board.
The Merit Systems Protection Board is an independent agency within the executive branch of the federal government. This is considered to be a quasijudicial agency, that is going to service the guardian of all federal merit systems, and this board is composed of three members who are going to be appointed by the president and confirmed in by the Senate. They are going to serve nonrenewable terms, and cannot overlap, and these terms last for seven years. This particular federal agency board is considered to be bipartisan which means that no more than two of its three members can be from the same political party..
It is located in DC.
Think of this board like the government’s HR department. Officials are going to be tasked with investigations of any wrongdoing and allegations of wrongdoing, they are going to be given the task of taking action for federal employees that have violated processes important to the federal government. They are going to ensure that all procedural processes are fair and hearing is fair, and the other civil service regulations are fair.
You can ask your MSPB appeals attorney such as the ones available at The Federal Practice Group, about the statute of limitations if any on filing an appeal with this board. Typically there are deadlines for initiating an appeal, most often this deadline is to be done up to 30 days after the adverse action was taken by the employer at hand.
Your MSPB appeals attorney is going to be able to help you put together your documentation and will, and this is important because if your paperwork is not put together in full you might not get a successful notification of intent and you might not get the appeal. You’re going to need to submit a notification that you intend to take action for the action that your federal employer has acted out against you, you’re going to have to complete an appeals form that requires your name, address, and the basic foundation of the complaint. Your MSPB appeals attorney is going to make sure that you understand you should not be including evidence that you have in your possession when you are filing an appeal because you can harm your interest by offering too much at the wrong time.
If you are a federal employee and you are facing significant disciplinary action, please connect with the experienced legal team at The Federal Practice Group to discuss your rights and options. If the adverse action taken against you involves an unpaid suspension of more than 14 days, a reduction in pay, a demotion, or a furlough of no more than 30 days, you may be in a strong position to appeal the disciplinary action that you’re facing to the Merit Systems Protection Board.
As an MSPB appeals attorney from our office can explain in more detail during a risk-free consultation, the Merit Systems Protection Board is an independent agency that operates in a quasi-judicial capacity within the Executive Branch. In the event that a private sector employee is facing disciplinary action, they would likely be directed to voice their concerns to their company’s human resources department. The federal government has both human resources personnel employed by each agency and an overarching human rights agency in the U.S. Office of Personnel Management. However, when appealing the kind of adverse action noted above, your opportunity for recourse does not reside with OPM but with the MSPB.
In the event that you are in a position to file a MSPB appeal, our firm can build the strongest possible case on your behalf.
If you’re interested in filing an appeal, you’ll want to reach out to our firm as quickly as you can. You likely only have 30 days from the notice of your adverse action to file your appeal. While this may seem like a lengthy period of time, it takes time to craft a strong appeal, so don’t wait to connect with our team.
The agency that took the adverse action against you will then be required to provide your case file to the MSPB and to you. You will likely then be required to participate in a status conference. Depending on the direction your case is going, your case may benefit from an alternative dispute resolution process. If your case reaches this point, you will be required to attend a formal hearing if you wish to continue with your appeal. This is a complex process and can be intimidating. Rest assured that you do not need to navigate any step of your legal challenges alone. We’re here to help.
If you are facing a significant workplace disciplinary action and you are a federal employee, please schedule a risk-free consultation with the experienced Washington, D.C. legal team at The Federal Practice Group to clarify both your rights and your options under the law. If you are in a position to successfully appeal the adverse action in question, doing so could be worth your time. In addition to vindicating your circumstances, a successful appeal could be a positive addition to your personnel file. Please reach out today to learn more. We look forward to speaking with you.
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