MSPB Lawyers

What Does the MSPB Not Do?

There are many federal employment law roles that the MSPB does not fulfill, for it is an administrative board with limited jurisdiction. It does not hear every discrimination complaint, which may proceed through the EEOC process; it does not attempt to mediate and end disputes between labor unions and their employees; and it does not manage every whistleblower case, including matters involving members of the FBI. Depending on the claim, whistleblower retaliation may require proceedings before the Office of Special Counsel before an Individual Right of Action appeal can be filed with the MSPB. Employees covered by a negotiated grievance procedure may also need to consider applicable election rules.

How Do I File an MSPB Appeal?

Telling the MSPB about 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 Administrative Judge. You, with the help of your federal employment law attorney, will need to establish that the MSPB has jurisdiction and present the basis for challenging the agency action or decision. A prohibited personnel practice may be relevant to an appeal, but the available remedy depends on the claim, the governing law, and the record.

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 does not accept applications sent by email.

When Should MSPB Cases Be Filed?

In many cases, your appeal needs to be filed within 30 calendar days of the effective date of the action or 30 calendar days after you’ve received the agency’s decision. That deadline isn’t universal. The filing period depends on the challenged action, governing statute, and type of appeal, and some specialized claims have separate exhaustion requirements or filing rules. Review the appeal-rights notice and evaluate the applicable deadline without waiting for additional documents.

IRA, USERRA, & VEOA Appeals

Individual Right of Action (IRA) appeals made by whistleblowers can follow required administrative steps with the Office of Special Counsel before an appeal is filed. Uniformed Services Employment and Re-employment Rights Act (USERRA) appeals and Veterans Employment Opportunities Act (VEOA) appeals have their own jurisdictional and filing rules. VEOA claims generally require filing a complaint with the Secretary of Labor and allowing at least 60 days for resolution before an MSPB appeal can be filed, so the proper process and timing should be assessed for the individual matter.

Where to File Your MSPB Appeal

You cannot file an appeal for your MSPB case at the location of your choice. In many appeals, you must file with the MSPB regional or field office serving your duty station when the challenged action occurred. Different filing-location rules can apply to matters such as OPM retirement decisions and adverse suitability determinations. The agency maintains a listing of these locations on its website.

What Documents Are Required for an MSPB Appeal?

An MSPB appeal should identify the appellant, agency, action or decision being challenged, the basis for MSPB jurisdiction, and the relief requested. The MSPB generally requests specified information and may not require unnecessary additional documents when an appeal is filed. Preserve proposed and final agency action notices, personnel records, performance documents, relevant communications, and records that may support an affirmative defense. Working with a federal employment law attorney can help you evaluate what information and evidence are appropriate for your MSPB case and filing deadline.

Losing your job, being demoted, or being placed on unpaid leave puts a considerable burden on you and your family. A timely review of your appeal rights and the agency’s action can help you understand the options available in your MSPB matter.

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 may address the agency’s response and questions concerning timeliness or MSPB jurisdiction. The agency generally provides a response and agency record, after which the parties may address evidence, discovery, prehearing matters, and hearing procedures.

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 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. There are, however, practical steps you can take to protect your ability to pursue an appeal.

• 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 Promptly
  Many MSPB appeals have strict filing deadlines. Filing a late appeal may be grounds for dismissal, so review the applicable deadline as soon as you receive notice of an agency action or decision.
• Contact an MSPB Lawyer
  An attorney with experience in MSPB appeals can advise you of your rights.

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
• VEOA claims after Department of Labor proceedings
• Indefinite suspensions
• 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, the following outcomes may be available under the governing law:

• Initial Decision: An Administrative Judge may issue an initial decision after addressing the material facts, evidence, and legal issues.
• Modification or Reversal: Depending on the claim and record, an agency action may be modified or reversed.
• Settlement: Cases can be resolved through settlement agreements before a final decision is issued.
• Dismissal of Appeal: An appeal may be dismissed for jurisdictional, timeliness, procedural, or merits-related reasons.
• Corrective Relief: The MSPB may order relief authorized by law when the requirements for that relief are met.

A petition for review may be available after an initial decision, subject to applicable filing rules. Petitions for review must generally be filed within 35 days after issuance of the initial decision, or within 30 days after receipt if the decision was received more than five days after issuance. We represent federal employees across the United States and internationally in MSPB appeals and related federal employment matters.

Do I Need a Lawyer for My MSPB Appeal?

While you can represent yourself throughout the MSPB appeal process, you may also designate a willing representative in writing. Whether representation is appropriate depends on the facts, procedural posture, deadlines, and complexity of your matter. An MSPB lawyer can assist with jurisdiction, timeliness, affirmative defenses, agency evidence, discovery, settlement, hearing preparation, and post-decision review.

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 practice (PPP) case, we can also help you file an OSC complaint. We provide representation in MSPB proceedings and related federal employment matters involving discrimination, whistleblower retaliation, and prohibited personnel practices.