The Merit Systems Protection Board is in place to help ensure that the underlying protections put in place to protect federal employees who work for the government are upheld and monitored by holding hearings regarding mistreatment in the workplace.
Federal employees who feel they have suffered from mistreatment in the workplace that may feel worried about exercising their rights or pursuing legal options can utilize the Merit System Protection Board (MSPB). The purpose of the MSPB is to hear and oversee cases that involve adverse discipline or wrongful termination actions against most federal employees.
This article will help you understand the purpose, responsibilities, and process of the Merit System Protection Board and the necessity of meeting specific requirements and hiring an experienced attorney.
The Responsibilities of the Merit System Protection Board
The MSPB aids federal government employees and operates similarly to a human resources department, ensuring that federal employees’ rights are maintained and protected to help keep the workforce running effectively and efficiently. Its mission is to “Protect the Merit System Principles and promote an effective Federal workforce free of Prohibited Personnel Practices.”
Federal employees may appeal a decision about their employment that they feel is unlawful or inappropriate that results in the following:
- Any job suspension that lasts over 14 days
- Firing or various other removal reasons from federal employment
- Performance reviews that are unfavorable or inaccurate
- Forcing early retirement upon a federal employee or being subject to improper retirement conditions and requirements
- Reducing a federal employee’s pay or grade
- Refusal of grade salary increases
- Reducing federal employee workforce and layoffs
- Denying reemployment rights to a federal employee
If you feel you have been wrongfully penalized, fired, or mistreated, hire an attorney who understands the MSPB appeal process to help you today.
Issues the MSPB Doesn’t Handle
There are several issues that the MSPB isn’t responsible for reviewing or addressing concerning federal employment, including the following:
- Discrimination claims which fall under the Equal Employment Opportunity Commission
- Various types of whistleblower complaints
- Alleged actions and unfair labor practices by certain employers that are within the jurisdiction of the Federal Labor Relations Authority
- Any claims involving a government agency that is not under the federal umbrella
MSPB Appeal Eligibility
Federal employees need to meet specific requirements to initiate an MSPB appeal. You must meet one of the following criteria to be eligible.
- If you are an employee who has completed the necessary 12-month probationary period and are a “competitive” service employee
- If you are considered an “excepted” service employee with two or more years of qualifying service
- If you are an eligible veteran
What Are the Time Limitations When Filing an MSPB Appeal?
The following are the time limitations that you need to ensure you don’t surpass and file your appeal before the time allotted expires.
- The majority of federal employees need to file within thirty days post adverse occurrence from the federal employer, and is based on the starting date.
- The deadlines for filing an MSPB appeal are based on the employee’s status and the basis of the complaint.
- If you are an employee with veterans affairs, you only have ten days to take legal action.
MSPB Appeal Documentation
The only necessary paperwork needed when submitting an appeal is a notification that you are addressing the disciplinary action taken by your federal employer. Ensure you include your name, address, and the basis of your complaint on the appeals form.
Please do not include any evidence you have when filing an appeal with MSPB, as it could damage your case, and it’s best to go through the discovery process before determining what you need to share to help your case.
Hire an Attorney When Filing an MSPB Appeal
You aren’t legally required to hire an attorney; however, it’s in your best interest. An attorney with experience in navigating the MSPB appeal process can help ensure that you avoid common mistakes that often result in the MSPB rejecting your appeal. There are many reasons to hire an experienced attorney to significantly improve your chances of winning an MSPB appeal.
If You Want to File an MSPB Appeal, Hire an Experienced Attorney Today!
At the Law Offices of Steve Newman, we are here to help you. Attorney Steve Newman offers experienced legal representation in all 50 states before the MSPB. Our practice areas include MSPB appeals, Medical Malpractice Lawsuits, Wage Hour claims, Personal Injury, Construction Litigation, and more.
Having an attorney on your side when filing your MSPB appeal is essential and will drastically improve your chances of a favorable outcome. Contact the Law Offices of Steve Newman today for an attorney dedicated to helping you and protecting your rights.
