What Does the MSPB NOT Do?
There are many federal employment law roles that the MSPB does not fulfill, for it is a board, not a full judicial agency. It does not hear and rule on discrimination complaints, which is a responsibility reserved for the EEOC; it does not attempt to mediate and end disputes between labor unions and their employees; it does not manage whistleblower cases created by members of the FBI; and so forth. All in all, the MSPB acts as a disciplinary review council for specific cases.
How Do I File an MSPB Appeal?
Telling the MSPB about your unjust treatment in the federal workplace is only the beginning. What you are actually doing is filing an MSPB appeal that will require the attention of an MSPB Administration Judge. You, with the help of your federal employment law attorney, will need to convince the judge – in rare cases it could actually be an entire panel of MSPB administrators – that your penalty was unnecessary and violated certain employment rules. If it can be proven that a prohibited personnel practice (PPP) did take place, you may be able to both reverse the outcome of the penalty and create an employment lawsuit for compensation.
To file an MSPB appeal, you’ll need to visit the e-appeal online website and use the interactive application. The website provides information regarding how to properly complete your application and can help walk you through your claim. There is also an appeal form you can download if you prefer to complete a paper application instead. Your application can be submitted by mail, fax, or delivery. The MSPB doesn’t accept applications sent through email.
When Should MSPB Cases Be Filed?
In many cases, your appeal needs to be filed within 30 days of the effective date of the action or 30 days after you’ve received the agency’s decision. The filing of an appeal may be extended if you and the agency agree to resolve the dispute through another resolution process. In this case, the extension is usually 60 days.
IRA, USERRA, & VEOA Appeals
Individual Right of Action (IRA) appeals made by whistleblowers must be filed within 65 days of the notice advising that corrective action will not be sought. Uniformed Services Employment and Re-employment Rights Act (USERRA) appeals do not have time limits for when to file. Veterans Employment Opportunities Act (VEOA) appeals must be filed with the Secretary of Labor and have a 60-day time frame to resolve the matter at hand. After the 61st day, you can file an appeal with the MSPB.
Where To File Your MSPB Appeal
You cannot file an appeal for your MSPB case at the location of your choice. You must file the appeal at the MSPB regional or field office closest to your location of duty at the time of your employment. If your appeal is regarding your retirement benefits from the federal government, you can file the appeal at the MSPB field office close to where you live now. The agency maintains a listing of these locations on its website.
What Documents Are Required For An MSPB Appeal?
To appeal an MSPB case, the government will only accept specific documents. If you submit additional paperwork, your case may be rejected. Your appeal must include the notice of the proposed action, a copy of the agency action you're appealing, and the SF-50 form or an equivalent form for the department you were employed in. Working with a federal employment law attorney is the best way to ensure that you submit all the correct paperwork in your MSPB case and that it is all submitted on time.
Losing your job, being demoted, or being placed on unpaid leave puts a considerable burden on you and your family. If you have obligations to pay spousal or child support, you may need a child custody attorney to handle both your MSPB appeal and your petition to change the amount of your payments.
For additional information about how to file an appeal in an MSPB case, or if you have questions about other federal employee legal issues, call our federal employment attorney today at (202) 350-3881.
What Happens After I’ve Filed My Appeal?
The Administrative Judge (AJ) assigned to your case will issue an Acknowledgment Order to you and the agency. The order tells the agency to submit a statement explaining the reasons why the personnel action or decision is being challenged. Questions the AJ might have can be brought up later during the adjudication of the appeal.
After the hearing, the AJ will issue their initial decision. This decision must explain all material issues of fact and law, summarize the evidence, and resolve any issues of credibility. The Administrative Judge's conclusions of the law and legal reasoning should be detailed as well.
How to Win Your MSPB Appeal
No attorney can guarantee a specific outcome for your MSPB case, however, there are certain actions you can take that will improve your chance of a favorable resolution.
Save evidence - As soon as you find out about a potential adverse action, start collecting any relevant information, such as emails, documents, and anything else that might be helpful.
File your appeal ASAP - You only have 30 days to file an MSPB appeal. Filing a late appeal may be grounds for immediate dismissal of your case.
Contact an MSPB Lawyer - An attorney who has experience with MSPB appeals can make a huge difference in your case. Your MSPB lawyer can advise you of your rights and help you avoid any critical mistakes.
When your job is on the line, you need to work with an experienced federal employment lawyer who can protect your rights. Contact The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC to discuss your MSPB appeal!
Our MSPB Lawyer Can Help You With Your Appeal
Our MSPB Attorneys can help you bring appeals before the MSPB for actions involving:
- Demotions
- Individual Right of Action (IRA) Appeals in Whistleblower retaliation cases
- Involuntary removals
- Involuntary retirements
- OPM denials of disability retirement
- Reductions in pay
- Removals
- Suspensions lasting more than 14 days
- Unfavorable suitability determinations
- USERRA Claims
- VEO Claims (if you’ve already filed with the Department of Labor)
- Indefinite Suspensions
- Reductions in Pay
- Within Grade Increase Denials
- Unlawful Furloughs
What Are The Potential Outcomes Of An MSPB Appeal?
Depending on the details of your case, an MSPB appeal may have different possible results. In general, you could anticipate the following main outcomes:
- Reinstatement: If the board rules on your behalf, you could be returned to your previous job along with back pay and accrued benefits.
- Modification of Penalty: The board may accept a portion of your appeal but opt to just lessen the severity of the penalty that your employer has imposed, rather than entirely reverse it.
- Settlement: On occasion, cases are resolved through settlement agreements before a final verdict is issued. This process might include payment or other mutually agreeable conditions.
- Dismissal of Appeal: If the board finds insufficient grounds for your appeal, your employer's original action will remain in place.
- Corrective Action: The board may require changes to the agency's policies or procedures to rectify the adverse action.
As experienced MSPB appeals attorneys based in Washington, DC, serving clients nationwide, we are dedicated to guiding you through the complexities of the process and advocating for the optimal outcome. At The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC, our MSPB appeals lawyers provide expert counsel and tailored legal solutions to clients across the country.
Do I Need a Lawyer for My MSPB Appeal?
While you can represent yourself throughout the MSPB appeal process, agencies will be less likely to take your case seriously if you haven’t availed yourself of professional legal representation. If you have an experienced MSPB lawyer on your case, however, your chances of success increase exponentially. Your federal career could be on the line. Get the powerhouse advocacy and hands-on legal advice you need for this complex process. Our MSPB appeals attorneys are ready with the specialized, knowledgeable, and tireless representation you deserve for every stage of the MSPB process.
If you have faced unreasonable discipline or a prohibited personnel practice in your federal employment, we can help you file an appeal with the MSPB and represent you before an MSPB Administrative Judge or the full Board. If you are involved in a prohibited personnel practices (PPP) case, we can also help you file an OSC complaint. We offer the comprehensive legal solutions you need to keep your career on track, defend your reputation, and assert your rights.
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