The federal civil service system of the United States is overseen by the Merit Systems Protection Board (“MSPB”). Often, federal employees who have suffered adverse actions such as termination, suspension, furlough, or demotion are able to appeal that action to the MSPB. Wiley Walsh, P.C. represents employees throughout the MSPB process from the initial appeal through the administrative hearing, to the Court of Appeals for the Federal Circuit in Washington, D.C. If you have MSPB appeal rights, please contact us to discuss your case.The MSPB Protects Federal Employees From More Than Just Discrimination and Retaliation
The MSPB protects and enforces Prohibited Personnel Practices which provide standards for recruitment, promotion, pay, benefits, performance, training, and adverse action. This covers much more than just employment discrimination and retaliation. The MSPB prohibits federal employers from taking unfair and inequitable actions against covered employees. For example, it is a prohibited personnel practice to treat an employee or applicant differently based on any conduct that does not or would not adversely affect the individual’s performance or the performance of others.
The MSPB also has jurisdiction over retirement determinations by the Office of Personnel Management, violations involving veterans, and retaliation for whistleblower activity.
Furthermore, in some circumstances, adverse employment decisions can be reversed because the employee did not receive adequate notice, a genuine opportunity to improve performance, or because other employees perform in the same manner or at the same level without adverse action. Arbitrary decisions, personal favoritism, and partisan political action may also be appealable to the MSPB.Federal Employees may Appeal More than Just Termination Decisions to the MSPB
The Code of Federal Regulations has a complete list of actions that are appealable to the MSPB at 5 C.F.R. § 1201.3. These actions include removals, demotions, reductions in grade and pay, furloughs for 30 days or less, suspensions of over two weeks, reductions in force, and some performance based actions.
Additionally, if an employee has an appealable claim to the MSPB and has experienced discrimination based on a protected characteristic such as race, age, gender, disability, or religion, the MSPB can also hear that claim.The Deadline to File an MSPB Appeal is Short. Contact an Austin Employment Lawyer if you Believe your Rights Have Been Violated.
If you believe you have been treated unfairly or inequitably and have MSPB appeal rights, you must act quickly. Generally, MSPB appeals must be filed within 30 days of the effective date of the adverse action. Once an appeal is filed, the MSPB assigns an administrative law judge to conduct a full evidentiary hearing and allow the parties to develop a record. Once the administrative law judge issues a decision, a federal employee will only have 35 days to file an appeal with the three-member board in Washington, D.C.
These deadlines are strictly enforced and generally difficult to get around. Therefore, it is important to consult with an Austin employment attorney if you believe your rights have been violated. Wiley Walsh, P.C. represents federal workers who are seeking an employment attorney in cities such as Austin, Georgetown, Round Rock, Cedar Park, Pflugerville, Leander, Del Valle, Kyle, San Marcos, San Antonio, New Braunfels, and Fredericksburg. Contact us at (512) 271-5527 or via our online form for an appointment.