If you’re a federal employee, receiving an adverse employment action is an unpleasant shock that can threaten your career, financial stability, and reputation. Whether you’re facing a proposed removal, suspension, or demotion, it’s normal to feel blindsided and confused—especially if the action is undeserved.
Fortunately, federal employees have unique legal rights and protections unavailable to most private-sector workers. The Merit Systems Protection Board (MSPB) exists to help safeguard those rights and ensure that government workers are treated fairly. However, an MSPB appeal is a complex and highly technical process. Without qualified legal guidance, you risk missing critical deadlines or failing to make a strong case against your agency’s proposed action. Support from an experienced New York MSPB attorney is crucial to preparing a compelling appeal and protecting your career.
At the Law Offices of Steve Newman, we understand how overwhelming adverse actions can be for federal employees. With over 30 years of experience representing civil servants nationwide, Steve Newman is prepared to provide supportive and practical legal guidance through every step of the MSPB appeal process. Read on to learn more about how a skilled advocate can help you exercise your rights.
What Is the MSPB?
The MSPB is an independent, quasi-judicial government agency that hears appeals from federal employees who believe they have been unfairly treated by their employers. It aims to ensure federal agencies make employment decisions based on skills and job performance, not politics or personal views.
The MSPB gives federal employees the right to challenge certain agency actions, including:
- Terminations,
- Suspensions of more than 14 days,
- Demotions, and
- Reductions in pay or grade.
The ability to appeal to the MSPB is one of several due process rights most federal employees are entitled to. These rights exist to promote a fair, high-performing workplace and protect government workers from arbitrary or politically motivated decisions. Some other key parts of due process for federal employees include the right to advance notice of a proposed adverse job action and the right to review the evidence against you.
What Does an MSPB Lawyer Do?
An MSPB lawyer is a federal employment attorney who helps eligible government workers appeal certain adverse employment decisions.
You are not required to hire a lawyer to bring an MSPB appeal. However, it is typically in your best interest to do so. The MSPB appeals process is complex, involving strict deadlines, specific filing requirements, and detailed standards for evidence. A qualified federal employment lawyer understands the nuances of this process. Their support is crucial for helping you present the strongest possible case against your employer’s proposed action.
Attorney Steve Newman has represented countless employees across all levels of federal government before the MSPB. His deep understanding of federal employment law and extensive experience handling appeals make him adept at developing tailored strategies to protect his clients’ careers.
Who Can File an MSPB Appeal?
Not all federal employees have the right to file an MSPB appeal. Generally, competitive service employees, career Senior Executive Service (SES) members, and certain excepted service employees have MSPB appeal rights. Federal employees typically exempted from MSPB appeal rights include:
- Political appointees,
- Probationary employees,
- Medical professionals categorized as Title 38 employees,
- Employees of certain intelligence and defense agencies, and
- Private-sector contractors.
An MSPB attorney can review your employment status and advise whether you qualify to file an appeal.
When Should I Contact an NYC MSPB Attorney?
You should get in touch with an attorney about an MSPB appeal if you face any of the following:
- Unfair discipline. If you believe you were demoted, suspended, or fired for reasons unrelated to your professional conduct or job performance, you may have grounds for an appeal.
- Whistleblower retaliation. Federal employees who report misconduct or wrongdoing in the workplace are protected from retaliation under the Whistleblower Protection Act. If you suspect you’re facing backlash for whistleblowing, the MSPB could reverse your agency’s unfair punishment.
- Prohibited personnel practices (PPPs). Federal law protects employees from certain specific types of unfair treatment in the workplace, such as nepotism, political favoritism, and retaliation. An MSPB appeal could be appropriate if you suspect a PPP motivated your adverse action.
It’s important to contact an MSPB attorney as soon as possible after you receive notice of an adverse action from your federal agency. The window to file an appeal is typically 30 days from the effective date of the agency’s action. Consulting with an attorney early can help you avoid costly mistakes and strengthen your case.
How Can a Federal Employment Attorney Help Me with an MSPB Appeal?
Having an experienced federal employment lawyer on your side is essential when contesting an adverse action before the MSPB. Let’s walk through some of the critical ways an MSPB appeals attorney can strengthen your case and improve your chances of success.
Understanding Your Rights and the Process
The guidance of an experienced attorney is essential for navigating the strict administrative and legal rules of the MSPB appeal process. Since the MSPB functions as an administrative court, the appeal is structured similarly to traditional court proceedings. Bringing an appeal means submitting according to short deadlines, handling discovery requests, filing motions, and preparing for questioning—similar to a trial before a judge.
A federal employment attorney understands these procedural challenges and will handle the complex legal work, so your case is properly filed, documented, and presented according to MSPB requirements. This prevents you from being overwhelmed and helps ensure that you meet every deadline.
Building a Strong Legal Strategy
Your federal agency will have an experienced attorney working to justify your adverse action with legal arguments and evidence.
However, your MSPB appeals lawyer will level the playing field by building a well-thought-out legal strategy tailored to your case. They will analyze the evidence, gather supporting documentation, and present strong arguments to counter the agency’s claims. An experienced attorney knows how to challenge agency witnesses, raise objections, and present a persuasive case before the administrative judge.
Managing the Discovery Process
Discovery is one of the most important and challenging parts of an MSPB appeal. During discovery, both sides exchange information, request documents, and collect depositions from witnesses. Discovery presents an opportunity to gather evidence that can strengthen your case. However, it’s also a point where many self-representing employees struggle.
An experienced federal employment attorney in New York will know how to use discovery to your advantage. They can draft effective discovery requests, challenge improper requests from the agency’s attorney, and prepare you for depositions so you don’t say anything that could weaken your case. Your attorney will ensure that the evidence presented supports your case and puts you in the strongest possible position for settlement or trial.
Preparing for Pre-Hearing Conferences
The pre-hearing process is critical in an MSPB appeal. It’s similar to the pre-trial phase in regular court, where both sides prepare arguments and evidence. You will need to submit a summary of your arguments, a list of witnesses, and the exhibits you plan to introduce at the hearing. You’ll also have to explain the relevance of each piece of evidence.
An attorney will handle this preparation for you. They can ensure that your evidence is properly introduced and your arguments are clear and convincing. They will also argue on your behalf at the pre-hearing conference. Your representative will challenge the agency’s objections to your evidence and work to ensure that favorable evidence and testimony are admitted at the hearing.
Representing You in Hearings
The MSPB hearing itself functions like a traditional bench trial. Both sides present witnesses and evidence, and the judge makes a ruling. Your employing agency will have an experienced attorney cross-examining your witnesses and challenging your evidence.
Meanwhile, your attorney will conduct direct and cross-examinations, raise objections, and present persuasive closing arguments on your behalf. A seasoned federal employment lawyer understands the rules of evidence and procedure, which gives you a significant advantage in delivering a compelling case. Having skilled legal representation increases the likelihood of a favorable outcome.
Negotiating to Protect Your Career
Your attorney will also evaluate whether your case can be resolved through settlement instead of a drawn-out legal process. They will work to negotiate a favorable arrangement with your agency to secure terms that protect your career and financial future. This could include converting a termination to a resignation, securing back pay, or adjusting your personnel record. If a settlement offer is unfair, your attorney will push for better terms or help you continue to fight for your rights through the appeal process.
Skilled Representation Makes a Difference
When it comes to MSPB appeals, experience matters. Attorney Steve Newman brings a rare combination of legal expertise, strategic insight, and unwavering client dedication to his clients. With more than three decades of experience representing federal employees before the MSPB, Steve Newman is proud to have helped civil servants across the country protect their jobs, negotiate fair settlements, and recover backpay for violations of their rights.
If you are a federal employee facing termination, suspension, or other disciplinary action, don’t resign yourself to facing it alone. Contact the Law Offices of Steve Newman today for a free consultation and learn more about how you can protect your career and your future.