If you have been suspended or removed from your job, or if you are facing other adverse action in your federal employment, the first step in protecting your rights is to file an appeal with the Merit Systems Protection Board (MSPB). The MSPB is the federal agency tasked with “protect[ing] Federal merit systems against partisan political and other prohibited personnel practices,” and this includes adjudicating cases in which federal employees have wrongfully faced adverse action in their employment.
However, protecting your rights before the MSBP is not easy. Complicated rules and regulations govern MSPB appeals, and the requirements for filing an MSPB appeal vary depending on the type of case involved. There are also short timelines (in most cases, federal employees must file their MSPB appeals within 30 days of receiving notice of adverse action), and if you do not file your appeal properly and on time, you run the risk of losing your legal rights.
As a result, when seeking reinstatement, back pay, and other remedies through an MSPB appeal, it is critical to have experienced legal representation. At Melville Johnson, P.C., we have been representing federal employees in MSPB appeals for decades. We have helped thousands of federal employees protect their rights; and, if you deserve a better outcome than the adverse action you have been dealt, we can help make sure your future is secure.
“Melville Johnson, P.C.’s handling of my Merit Systems Protection Board (MSPB) case was superlative. From the day I first contacted them to the completion of the case, everything was handled promptly, efficiently and professionally. They advised me well . . . ke[pt] me apprised of . . . strategy, and aggressively pursued [a favorable] resolution. I was very satisfied with every aspect of their handling of my case.” – C.C., Federal Employee
MSPB Appeal Frequently-Asked Questions (FAQs)
Q: Do all federal employees have the right to file an MSPB appeal?
Yes. All federal employees have the right to appeal the termination of their employment, including terminations involving reductions in force (RIFs), removals, discrimination, and other circumstances. Federal employees also have the right to file MSPB appeals in cases involving:
- Whistleblower protections
- Retirement issues under the Civil Service Retirement System (CSRS) and the Federal Employees’ Retirement System (FERS)
- Reductions in pay grade
- Other employment-related matters
Q: What remedies are available through MSPB appeals?
The remedies available to you will depend on the specific issue (or issues) involved in your case. Generally speaking, however, the remedies available through MSPB appeals include:
- Back pay and reimbursement for lost benefits
- Front pay
- Attorneys’ fees
- Damages for emotional distress
- Other forms of compensation
Q: Do I need an attorney to file an MSPB appeal?
While you are not legally required to hire an attorney for your MSPB appeal (federal employees can use the MSPB’s e-Appeal Online website), there are a number of important reasons to do so. Among them, you need to make sure you submit all of the required information, and you need to make sure you know which remedies you have available. An experienced federal employment attorney will be able to advise and represent you every step of the way, ensuring that you have the best possible chance to secure a favorable outcome.
Q: What happens if I lose my MSPB appeal?
If you lose your MSPB appeal, your next step will be to file a petition in the U.S. Court of Appeals for the Federal Circuit; or, if your case involved discrimination, with the Equal Employment Opportunity Commission (EEOC) or in federal district court. It is not unusual for federal employees to lose their MSPB appeals and win in court, so it is important not to assume that your case is over if you lose your MSPB appeal.
Melville Johnson, P.C. | Experienced Representation for Federal Employees Nationwide
Whether your adverse action was discriminatory, retaliatory, based on an alleged performance deficiency or misconduct, or arose out of any other employment-related issue, we urge you to contact us to learn more about what we can do to help. When you choose Melville Johnson, P.C.:
- You will have a dedicated and experienced attorney whose sole focus is on protecting your legal and Constitutional rights.
- You can expect to receive clear and straightforward advice that is tailored to your unique personal circumstances.
- You can feel confident knowing that our firm has handled thousands of federal employment cases and taken appeals as high as the U.S. Supreme Court.
To get started with a confidential consultation, please call (888) 846-7844 or request a case evaluation online. You may not have time to waste, so contact us today.