If you are a federal employee dealing with a workplace grievance, you’ve come to the right place. The MSPB attorneys at Leitner Varughese Warywoda Law have been vigorously defending federal employees at the agency level, before Merit Systems Protection Board Administrative Law Judges, and the full three-member MSPB panel. We are here to fight for you!
As a federal employee, you are entitled to numerous rights and protections under the Civil Service Reform Act of 1978. The Merit Systems Protection Board oversees these rights both substantively and procedurally, which include the ability to appeal a variety of adverse personnel actions to the MSPB such as wrongful terminations, suspensions, discipline and demotion, sexual harassment, reductions in force, rejection of disability benefits, retaliation for filing a whistleblower claim, discriminatory and unfair treatment, and more.
Having defended thousands of federal employees against all federal agencies from coast-to-coast, the highly-rated MSPB attorneys at LVW Law have the experience and expertise to protect your rights in all aspects of Merit Systems Protection Board and Federal Employment Law. We are here to provide you with the rigorous representation you’ll need.
Wrongful discipline or termination from a federal employment position will no doubt mark a time of tension and strain in your life. Having skilled, experienced MSPB attorneys by your side who know the MSPB process and can guide you though it will ease much of the burden. If you have a federal employment law issue, we encourage you to fill out the form to your right or call our firm today for a case evaluation.
Below we provide general information, plus questions and answers, about Merit Systems Protection Board Law and your rights as a federal employee, including USPS employees and recent case law. Because this is general information, we highly recommend contacting one of our MSPB attorneys to get information specific to your case. Just give us a call at (888) 594-0424 or fill out the form to your right. We will be in touch promptly!
The Merit Systems Protection Board (MSPB) is an independent, quasi-judicial agency in the Executive Branch which serves as the guardian of federal merit system principles. More specifically, federal employees have distinctive rights and protections under the Civil Service Reform Act of 1978, which include the right to appeal a variety of adverse personnel actions to the MSPB court. The Board consists of three members appointed by the president and confirmed by the Senate, and is responsible for:
Not all federal employees are eligible to file appeals before the MSPB, and not all who can appeal to the MSPB are federal employees. In some instances, applicants for certain non-political appointments who do not get a job because of a federally-protected or state-protected characteristic may be able to appeal that failure to hire. Political appointees are often excluded.
Employees who may appeal adverse actions to the MSPB include:
If you think you may have an MSPB case, we recommend giving us a call or filling out the form to your right. We’ll get in touch so you can speak with one of our MSPB attorneys about the specifics of your case and whether you qualify to file an MSPB appeal.
All motions for appeal before the MSPB must be in writing and signed by the applicant. When sending appeal applications, you can mail, fax, hand-deliver, e-file, send them via overnight delivery to the Board’s regional or field office servicing the area where you live (for final retirement or suitability decisions). Additionally, you can file at the office servicing the area where the adverse employment action occurred.
To successfully appeal an adverse employment action, you’ll want to get moving quickly. You need to file your appeal within 30 calendar days of the effective date of your termination or demotion. This deadline extends to the nearest workday if the 30-day deadline falls on a Saturday, Sunday, or federal holiday. If you submit your appeal via the e-filing service, the “sent” date is the submission date. However, for appeals mailed or sent via overnight delivery, the postmark date serves as the submission date.
In addition to this general 30-day deadline, some types of MSPB appeals have different deadlines. This is one of many reasons we believe it’s important to have knowledgeable MSPB attorneys to work with you on your case. Even if you’re confident in your ability to review deadlines and other relevant information on the MSPB website, you may find there are additional wrinkles applicable to your specific case. LVW Law’s MSPB attorneys can help.
Not all MSPB appeals hold in-person hearings, however all applicants have the right to request a hearing on the merits. This hearing is similar to a traditional civil court hearing. Applicants present evidence and solicit witness testimony to demonstrate that an employer’s actions were illegal or violated federal regulations. If circumstances require and all parties agree, you may be able to have your hearing by telephone or video conference instead of an in-person proceeding.
If you waive your right to appeal, the case will proceed on the written record. This means the MSPB may only consider the evidence in the pleadings; extraneous information, even if otherwise relevant, will not be subject to consideration.
Before your appeal can start, you must prove the MSPB has jurisdiction over your claim. You must also prove you submitted your filing within the 30-day deadline. Additionally, applicants must prove any affirmative defenses you may raise in response to your former employer’s arguments.
Conversely, your employer must prove there was justification for the adverse employment action. The employer must also prove that no harmful error, prohibited practice, or unlawful action took place in the procedures they used to take the disciplinary action.
There are a wide variety of remedies available to federal employees after a successful appeal before the MSPB. Potential remedies may include reinstatement of prior employment (or a promotion), back pay dating back to your original termination date. They also include reimbursement of any medical expenses or lost benefits such as retirement matches, damages for emotional distress, and more. These remedies can go a long way toward making a terminated employee whole again.
At LVW Law, it is our mission to ensure every federal employee has the right to due process. We understand that any disciplinary action you receive now can influence your employment for years to come, and we take every case we handle seriously and with the utmost care.
As soon as you learn that your employer is instituting disciplinary procedures against you, or initiating an investigation, we recommend consulting with one of our attorneys. It will be crucial to have an experienced lawyer fighting alongside you and preserving your rights throughout the process, ensuring you get a fair hearing and your story is heard at the MSPB. To start the process, please give us a call at (888) 594-0424 or fill out the form on your right and we will follow through promptly. We look forward to working with you!
The MSPB Attorneys at LVW Law offer caring, sensitive, professional legal representation and have years of combined experience filing Petitions for Review to the MSPB Board and bringing cases in front of Administrative Law Judges. Below is a brief summary of the types of cases we handle:
As a government employee, you may be subject to federal disciplinary action if there are allegations of misconduct or lack of performance against you. The disciplinary process will begin with a federal investigation, and then continue with proceedings in federal court.
When the court issues a decision, you may have the right as a federal employee to appeal the decision and disciplinary action in MSPB (Merit Systems Protection Board) court.
At LVW Law, our federal discipline lawyers have years of combined experience with the MSPB and can support you throughout the process.
A Federal Reduction In Force, referred to as an RIF, is defined as the complete elimination of a position or multiple positions at a federal agency. This can result from a lack of work, or from an agency's inability to pay employees in a specific position or who perform a certain task.
A federal agency can also use Reduction In Force procedures when an employee is forced to downsize due to reorganization, transfer of function, or shortage of funds.
At LVW Law, our attorneys are highly skilled in evaluating the evidence in an RIF case and determining how to defend you in front of an Administrative Judge.
A decision to remove an employee from a position at a government agency is a serious matter, but it is important to note that the decision is not necessarily final or irreversible.
There are numerous rules and regulations regarding federal removal which must be adhered to, depending on the federal agency and the employee's position.
We represent employees in all 50 states and government agencies and are glad to offer legal consultations to government employees dealing with removal from their position.
Federal suspension is a severe federal disciplinary action. By law, a government agency must follow strict regulatory procedures prior to a suspension, such as giving an employee written notice 30 days before any action is imposed.
A failure to adhere to these rules could result in the suspension being overturned by the MSPB court. If you are dealing with a federal suspension, our attorneys can help.
All federal employees have the right to appeal a decision to terminate their employment, and there are many grounds for which a federal employee may wish to file an MSPB appeal.
This could be due to a Federal Reduction In Force (RIF), federal discipline, removal, suspension, discrimination, or a number of other reasons. At LVW Law, our attorneys assist clients with their Merit Systems Protection Board appeals from beginning to end.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the employment rights of military service members, ensuring they are not disadvantaged in their civilian careers. It includes protections against discrimination and a pathway for reintegration after service.
For federal employees, the Merit Systems Protection Board (MSPB) offers a venue for resolving USERRA disputes. LVW Law is dedicated to enforcing these rights, providing strong legal support and representation in USERRA and MSPB cases to safeguard the entitlements of our clients.