The Merit Systems Protection Board (MSPB) is an independent, quasi-judicial agency that hears cases for federal employees who are subject to inappropriate disciplinary actions. Our team of attorneys have extensive experience representing federal employees before the Merit Systems Protection Board in all types of cases, including removals, suspensions, disability retirement appeals, within-grade increase denials and other types of performance matters.
Federal employees being subject to discipline often have legal rights to be heard on the charges that they are accused of by the Agency. When a federal employee receives an “adverse action,” which refers to the more severe disciplinary actions, the Agency is obligated to follow certain procedures. We regularly assist with federal employees’ written and/or oral responses to proposed disciplinary actions and know what your rights are during this process.
If you are still subject to the adverse action after submitting our written and oral replies, you may decide to appeal your case to the independent Merit Systems Protection Board. Our attorneys regularly appear before the MSPB to challenge the discipline or adverse action that a federal employee experiences. This includes challenging procedural errors and/or constitutional rights’ violation that the employer may commit in ordering the discipline against a federal employee.
What Types of Cases does the Merit System Protection Board Hear?
The MSPB broadly speaking hears matters regarding federal merit system principles. This includes the following types of cases:
- Adverse employment actions, such as suspensions over 14 days, demotions, and removals
- Administrative decisions affecting a federal employee’s rights or benefits under CSRS or FERS
- Whistleblower Protection Act Appeals
- Office of Special Counsel (OSC) Cases including Prohibited Personnel Practices (PPP) matters
- Veterans’ Employment Opportunities Act (VEOA) Appeals
- Uniformed Services Employment and Reemployment Rights Act (USERRA) Appeals
The MSPB will also hear “mixed cases” where there are MSPB issues as well as discrimination complaints in the same case. This may occur when an adverse employment action was based on a discriminatory motive.
Contact Us for a Consultation on Your MSPB Rights
If you receive a proposed disciplinary action, please do not hesitate to contact our office at (757) 460-3477 and schedule an initial consultation with one of the members of our team to hear more about your MSPB rights.