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How To File An Appeal In An MSPB Case

Established in 1978, the Merit Systems Protection Board (MSPB) is part of the federal government's executive branch. Its job is to oversee the Office of Personnel Management's activities, set up merit systems, and evaluate them. The agency's mission is to detect and prevent prohibited actions by federal employees. If you've been removed from your position in the federal government by the MSPB, it's essential to seek legal counsel to protect your rights. A federal employment attorney may be able to assist you with filing an appeal in an MSPB case.

Understand When to File

Timing is everything with an MSPB case appeal. You cannot file an appeal until at least ten business days have passed since your demotion, firing, or removal from your federal job. If you are filing an appeal as a whistleblower, you must do so within 65 days of being removed from your job in the federal government. Choosing a child custody attorney to represent you in your MSPB case appeal ensures that you won't miss any key deadlines in the process.

Know Where to File

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.

Submit the Documents

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 family 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.