If you are a federal employee dealing with a workplace grievance, you’ve come to the right place.
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.
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.
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.
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:
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. 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.
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.
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.
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.
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.
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.
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.
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.