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COVID-19 Notice: Our law firm is open and available to help federal employees worldwide. We are all being affected in different ways, but we will all get through this together.

COVID-19 Notice: Our law firm is open and available to help federal employees worldwide. We are all being affected in different ways, but we will all get through this together.

MSPB Orders Southworth PC Client Reinstated; Finds Constitutional Violations

by | Dec 20, 2019 | Firm News, MSPB |

Our federal employee attorneys achieved another victory in a case against the Department of Justice. Federal employees have constitutional property interests in their continued employment, so removing them from federal service requires due process.

At many points during the employment process, federal agencies must give most employees due process–notice of the charges against them and an opportunity to respond.

In a recent case, Southworth PC’s MSPB attorneys argued the deciding official denied our client due process by relying on an aggravating factor in the penalty analysis without providing proper notice. The Board agreed and ordered the agency to cancel the removal and to retroactively restore our client, a former federal employee, providing years of backpay and reinstatement.

The legal rights of federal employees are complicated, and therefore our federal employment attorneys offer free consultations to federal employees facing a proposed removal or removal that could be litigated before the Merit Systems Protection Board. If you think our MSPB attorneys might be able to help you, please feel free to reach out.