We are a Law Firm Who Knows and Understands the Federal Workplace, committed to representing federal employees who have experienced unlawful discrimination, harassment, retaliation, or unfair disciplinary actions
The MSPB is the federal agency primarily responsible for hearing appeals from certain non-probationary federal employees who have received adverse employment actions (such as suspensions, demotions and removals). The MSPB also has jurisdiction to protect the rights of federal whistleblowers, servicemembers/veterans and job applicants who have been denied employment based on a non-suitability determination.
No, you can represent yourself. However, your chances of winning at the MSPB are significantly higher if you have an experienced MSPB attorney representing you. The MSPB attorney knows the law, the process and what information to request from the agency. The attorney will be there every step of the way to ensure that you have the best possible chance of protecting your career and livelihood. If you are serious about remaining employed with the federal government, then it would certainly be beneficial to retain an experienced MSPB attorney.
Our job is to help you protect your rights. Thus, our firm can work with you to set up an attorney fee structure that allows you to protect your employment rights (and livelihood) without breaking the bank. In fact, if you are successful, the MSPB will likely order the agency to pay the attorney fees. Contact us today to set up a free consultation.
The majority of MSPB cases involve appeals of disciplinary actions/non disciplinary removals. In such cases the agency has the burden of proving that the disciplinary action/non disciplinary removal was supported by the evidence, the decision promoted the efficiency of the service, and that the penalty was reasonable (often referring to the “Douglas” factors). Even if the agency proves its case and the MSPB finds the penalty was reasonable, the employee may still win their case if they can show that the agency failed to provide them with the required due process or that the agency acted in a discriminatory manner when issuing the decision. The MSPB administrative judge normally has the authority to sustain the disciplinary action, mitigate the penalty or find for the employee.
In situations where an adverse employment action is proposed to be taken (or taken) against a federal employee based upon prohibited personnel practice or due to whistleblower retaliation, the employee may bring a Individua Right of Action (IRA) appeal before the MSPB. However, the employee first must seek relief before the Office of Special Counsel (OSC). The OSC will either represent the employee before the MSPB or (most likely) issue a letter allowing the employee to proceed on their own. It may be helpful to have an experienced MSPB attorney help guide you through this process and work with the OSC on your behalf. Often cases can be settled at this point.
The MSPB can decide USERRA cases involving reemployment, where a servicemember asserts that a federal agency has failed to meet its obligation to reemploy the servicemember after their military service. Further, the MSPB can hear USERRA discrimination cases, where the servicemember claims that a federal agency has denied them initial employment, reemployment, retention, promotion, or any other employment benefit based on their military service. The MSPB also has the authority to handle USERRA reprisal claims. These claims involve situations where an agency takes adverse employment action against a servicemember in retaliation for exercising a right related to protection under USERRA.
VEOA primarily concerns the rights of preference eligibles—individuals entitled to veterans’ preference. As a result, only preference eligible employees and applicants are generally allowed to file VEOA appeals. However, a non-preference eligible individual who was separated from the armed forces under honorable conditions after at least three years of active service may file a VEOA appeal if they claim that an agency denied them the opportunity to compete for a vacant position that the agency is accepting applications for from outside its workforce, as per 5 U.S.C. §§ 3330a(a)(1)(B) and 3304(f)(1).
The term “preference eligible” applies to veterans who were honorably separated from the armed forces after serving on active duty during a war, campaign, or expedition for which a campaign badge was authorized, or during other specific time periods
The term “preference eligible” also includes disabled veterans, as well as the mother, spouse, or unmarried widow/widower of certain veterans in specific situations. Retired members of the armed forces are generally excluded from this definition unless they are disabled veterans or retired below the rank of major (or its equivalent).
A job applicant must first file a VEOA complaint with the Department of Labor before filing a claim before the MSPB.