Federal employees have long relied on the Merit Systems Protection Board (MSPB) as an independent safeguard against wrongful discipline and removal.

That may be changing.

In 2026, the Office of Personnel Management (OPM) has proposed sweeping changes that could significantly reduce — or eliminate — MSPB appeal rights for certain categories of federal employees.

If you are facing discipline, a proposed removal, or even a reduction in force (RIF), these changes could directly affect your rights.

What Is Happening Right Now?

Recent proposed rules from OPM would shift key types of appeals away from the MSPB and into OPM itself. Federal News Network article

These proposals include:
– Eliminating MSPB review for many suitability determinations
– Removing MSPB jurisdiction over most RIF appeals
– Limiting appeal rights for probationary employees
– Replacing hearings with paper-only review by OPM

In some cases, employees could lose the right to a hearing, discovery, and an independent adjudicator.

Why the MSPB Matters

The MSPB exists to ensure federal employees are not subject to arbitrary or politically motivated discipline. Learn more at the Merit Systems Protection Board website

Due process protections include:
– Advance notice of charges
– A meaningful opportunity to respond
– The right to review evidence relied upon
– Appeal to a neutral decision-maker

What These Changes Could Mean for You

If finalized, these changes could result in:
1. Loss of independent review
2. No hearing or cross-examination
3. Limited ability to obtain evidence
4. Increased risk of unchecked removals

What Should Federal Employees Do Right Now?

If you are facing discipline or a proposed removal:
– Act immediately
– Preserve all documents and communications
– Request materials relied upon (MRU)
– Identify comparators and inconsistencies
– Build your case early

Strategic Insight

The strongest defenses often involve due process violations, comparator evidence, and failure to follow procedures — not just whether the alleged conduct occurred.

Bottom Line

The MSPB has historically been the last line of defense for federal employees. If these changes take effect, that protection may be reduced or eliminated for some employees.