Although you may have never heard of the Merits Systems Protection Board (MSPB), this independent agency of the executive branch may become one of your only allies if you are penalized in a federal workplace without due cause. The mission statement of the MSPB directly claims that the agency is there to “promote an effective Federal workplace” that does not engage in prohibited practices, such as unfair discrimination. Whenever a federal employee is suspended, demoted, or fired, the MSPB is usually the first group to hear about it.
Using MSPB Appeals
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.
What Doesn’t the MSPB Do?
There are many federal employment law roles that the MSPB does not fulfil, 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.
If you have questions about the MSPB, relevant appeals, or other federal employment law complaints and cases, work with DC Federal Employment Lawyer John Mahoney, Esq. Our law firm has more than 20 years of legal experience focused on federal employment law cases. Contact us today for any questions and concerns.