Going Before The Merit Systems Protection Board (MSPB)
The Merit Systems Protection Board (MSPB) is designed to protect federal employees from unjust disciplinary action at work. It helps to ensure that federal employee job performance and conduct is evaluated based on merit, not political standing or discriminatory bias, or other prohibited personnel practices.
If you have faced disciplinary action as a federal employee, or are facing proposed discipline, you may need representation before the MSPB to protect your job. At Southworth PC, we defend people in hearings and forums that involve the MSPB and jeopardize our clients’ status as a federal employee. With offices in Atlanta and Washington, D.C., we serve clients nationwide. With nearly 30 years of combined experience and a focus exclusively on federal employment law, we can be your advocate in these complex cases. We have appeared before every Regional Office of the Merit Systems Protection Board.
What Adverse Agency Actions Can Be Challenged?
Most federal employees are subject to an initial probationary period in which the agency has more leeway to remove someone from his or her position due to performance issues. Once an employee is no longer in this probationary period, however, the agency must be able to prove any adverse agency action is warranted.
Examples of adverse agency action are removal from the position, suspension of more than 14 days, demotions, reductions in pay or mandatory leaves of absences longer than 30 days. Some cases also involve challenging the use of qualification examinations, denial of salary increases, restoration of reemployment rights, federal disability retirement, etc.
Who Can Appeal To The MSPB?
Many but not all federal employees who wish to appeal their demotion, a suspension or discharge can appeal to the MSPB. The employee generally must be past their one-year trial or probationary period. If an agency has issued a decision on an appealable matter, the employee must be given notice of their right to appeal the decision to the MSPB, a copy of the MSPB regulations, a copy of the form used to appeal and notice that the employee has the right to file a grievance. An experienced federal employment law attorney will be able to advise you regarding your right to file an appeal with the MSPB. Additionally, whistleblower claims that are not pursued by the OSC may also be filed with the MSPB.
The Steps To File A MSPB Appeal
An appeal has to be filed in writing and contain all of the information required in the MSPB regulations. In most cases, any appeal must be filed within 30 days of the date of the original decision, or the date of the adverse action, whichever comes later. If you are appealing a whistleblower claim after learning that the OSC is not going to take action, your appeal must be filed within 65 days of the date the notice was issued, or 60 days after you receive notice from the OSC, whichever is later.
Call Today For A Free Consultation
If you are concerned about your job status as a federal employee and believe the action taken against you was not justified, contact us. Reach us via email or call 888-899-7284 to set up a consultation. We can help.