What Is the Merit Systems Protection Board (MSPB)?

The Merit Systems Protection Board (MSPB) is an independent federal agency that hears appeals from federal employees challenging serious personnel actions such as removals, suspensions, demotions, suitability determinations, and other adverse actions. The MSPB operates as a neutral, court-like body to ensure federal agencies comply with civil service laws.

Official MSPB website: https://www.mspb.gov

Learn more about MSPB representation: https://levinefedlaw.com/mspb-attorney/

Appealable Actions Before the MSPB

Removal from Federal Service

Federal employees may appeal removal actions under 5 U.S.C. § 7513. These cases often involve allegations of misconduct or performance deficiencies. See: https://www.law.cornell.edu/uscode/text/5/7513

Internal guide: https://levinefedlaw.com/federal-employee-removal-attorney/

Suspensions Longer Than 14 Days

Suspensions exceeding 14 days are appealable adverse actions under federal law. These actions frequently involve disciplinary penalties imposed by agency management.
Internal guide: https://levinefedlaw.com/federal-employee-suspension-defense/

Demotions and Reductions in Grade or Pay

Federal employees may appeal reductions in grade or pay under 5 U.S.C. Chapter 75. These actions can significantly affect retirement and career progression.

Suitability Determinations and Suitability Removals

The MSPB hears appeals involving suitability determinations under 5 C.F.R. Part 731, including removals, cancellations of eligibility, and debarment from federal service.
See OPM suitability regulations: https://www.ecfr.gov/current/title-5/part-731

These cases often involve allegations of misconduct, falsification, or background investigation issues.

Within-Grade Increase (WGI) Denials

Federal employees may appeal denials of Within-Grade Increases (WGIs) under 5 U.S.C. § 5335. A WGI denial is appealable if the employee meets MSPB jurisdictional requirements. See statute: https://www.law.cornell.edu/uscode/text/5/5335

Constructive Removal (Forced Resignation)

The MSPB has jurisdiction over constructive removals where working conditions were so intolerable that a reasonable employee would feel compelled to resign.

Whistleblower Retaliation Appeals

The MSPB also hears whistleblower retaliation claims under 5 U.S.C. § 2302(b)(8).
See statute: https://www.law.cornell.edu/uscode/text/5/2302

MSPB Appeal Deadline

Most (non-VA) MSPB appeals must be filed within 30 days of the effective date of the action. File an appeal here: https://e-appeal.mspb.gov Contact Levine Federal Law: https://levinefedlaw.com/contact/

How the MSPB Appeal Process Works

The MSPB appeal process includes filing the appeal, discovery, hearing, and a written decision. Cases may be further appealed to the U.S. Court of Appeals for the Federal Circuit. Federal Circuit website: https://cafc.uscourts.gov

Remedies Available If You Win

Remedies include reinstatement, back pay, restoration of benefits, and attorney fees under 5 U.S.C. § 7701. See statute: https://www.law.cornell.edu/uscode/text/5/7701

About Levine Federal Law

Levine Federal Law represents federal employees nationwide in MSPB appeals and federal employment litigation. Website: https://levinefedlaw.com/

MSPB representation page: https://levinefedlaw.com/mspb-attorney/ Contact page: https://levinefedlaw.com/contact/