MSPB Appeals Attorney

The Merit Systems Protection Board (MSPB) is a key institution in the US federal government's employment landscape. It serves to protect the rights of federal employees, ensuring fairness in personnel management decisions based on merit principles. Occasionally, situations arise where federal employees may feel their rights have been undermined or unfairly treated. In these instances, an appeal to the MSPB becomes necessary. If you find yourself in this situation, don't face it alone. 

As your attorney at Schrameck Law, P.L.L.C., I understand how challenging it can be to navigate the complexities of the Merit Systems Protection Board (MSPB) appeals process. That's why I'm here to be your appeals attorney, to guide you every step of the way, protecting your rights and advocating for the best possible outcome.

Merit Systems Protection Board (MSPB) Jurisdiction 

The MSPB has jurisdiction over a wide range of federal employment matters. This includes adverse actions, appeals, complaints filed by federal employees, veterans' preference, prohibited personnel practices, and other employment-related disputes. 

An appeal to the MSPB becomes necessary when a federal employee believes that their rights have been violated or they have been treated unfairly in regard to employment practices. This could include cases of wrongful termination, unjust disciplinary action, or alleged discrimination. In these situations, an appeal is a crucial step in seeking reinstatement, redress, or other forms of relief.

It allows the aggrieved employee to have their case heard and examined in a fair and impartial manner, with the aim of restoring their rights and ensuring merit-based employment principles are upheld. 

Categories of Appeals 

There are multiple categories of appeals that come under the MSPB's purview. Each category has its own unique aspects, and I am here to offer support, regardless of the type of appeal.  

• Disputing Disciplinary Actions: Disciplinary actions such as suspensions, demotion, or removal are considered adverse actions. They are often contested by federal employees due to their severe impact on job security and career progression. 

• Whistleblower Retaliation Cases: Reporting illicit activities or misconduct within an agency requires immense bravery and carries the risk of retaliation.  

• Retaliation Claims for Protected Activities: If you've been subjected to adverse consequences for engaging in protected activities, such as calling out misbehavior or participating in inquiries, know that you have rights. We will collectively navigate the legal labyrinth and stand against any retaliatory actions. 

Should you find yourself facing any of the challenges outlined above, know that you are not alone. Believe in justice, and take heart in the knowledge that I am here to fight for your rights. 

Filing an Appeal 

I know that disagreeing with an initial decision regarding an adverse action can feel overwhelming. But remember, you have the right to file an appeal with the MSPB.  

The process of appealing is systematic and can be outlined in the following steps: 

1. Filing the Appeal: The first step in the process is to file an appeal. This must be done within the prescribed timeframe, usually 30 days from the effective date of the action being appealed. I will help you file your appeal accurately and on time, ensuring that all necessary documentation and paperwork is correctly completed and submitted. 

2. Preparation for the Merit Systems Protection Board (MSPB) Review: Once the appeal is filed, it comes under the purview of an MSPB Administrative Judge. The judge conducts a comprehensive review of the case and issues a preliminary decision.  

3. Case Presentation: On reaching this stage, the evidence and arguments prepared will be presented before the Administrative Judge. I will represent you during these proceedings, articulating your case effectively and professionally. 

4. Review of Initial Decision: After the case presentation, the Administrative Judge will issue an initial decision. If you don't agree with this initial decision, there is an opportunity to petition the full Board for a review. As your attorney, I will assist with understanding the initial decision, and if necessary, I will guide you through the process of filing a petition for a full Board review. 

5. Appealing Further: In some cases, if you're still not satisfied after the full Board review, you may have options to appeal further to the U.S Court of Appeals for the Federal Circuit. Here, I'll provide counsel on whether this would be a suitable course of action and support you throughout the process if you opt to proceed. 

Rest assured that throughout this entire process, from filing the initial appeal to navigating potential further appeals, I will be by your side.