Merit Systems Protection Board Blog

Merit Systems Protection Board Adds Third Member After 5 Years Without Quorum

The Merit Systems Protection Board added a third member in May 2022, Cathy Harris, to its ranks to assist with the thousands of cases that have been pending before the Board. Read More »

MSPB Board Rules In Whistleblower Case in Favor of Military Wife

According to Defense Department directive no. 1300.22, the remains of military service members are to be handled with “dignity, respect, and care of the deceased.” Read More »

MSPB Board Issues First Recent Precedential Decision in 5 Years (March 2022)

In March 2022, the Merit Systems Protections Board (MSPB) issued its first precedential decision in 5 years. A civilian employee working for the Army Department, who had been fired in her second year of her probationary period, was reinstated by overturning the decision of an administrative judge. Read More »

How to Write an MSPB Appeal

If you have experienced a suspension of at least 15 days, a demotion, or termination that was undeserved or discriminatory, you could be able to submit an appeal with the Merit System Protection Board (MSPB). Read More »

Our Attorneys Represent USPS Employees Nationwide: Federal Employment Lawyers

If you are a current or former USPS employee dealing with a workplace legal issue, you’ve come to the right place. For over a quarter century the attorneys at Melville Johnson PC have been vigorously defending United States Postal Service employees at the agency level, before Merit Systems Protection Board Administrative Law Judges, the full three-member MSPB panel, and all the way up to the United States Supreme Court. We are ready to fight for you! Read More »

Federal Whistleblower Protection Under PPP

Whistleblower protection under the PPP is provided to federal employees by the Civil Service Reform Act (CSRA) of 1978. Retaliation of whistleblowers is the eighth prohibited personnel practice (PPP) defined by the CSRA. Whistleblowing is considered a protected activity. Read More »

What Types of Actions Can Be Brought to the MSPB?

The MSPB, or Merit Systems Protection Board, is a quasi-judicial agency that makes up part of the Executive Branch of the Federal Government. The MSPB oversees Federal merit systems. It is authorized by the Civil Service Reform Act (CRSA) of 1978 to hear appeals of some, but not all, agency actions. Let’s take a look at some of the agency actions that may be brought to the MSPB and what you might expect from the MSPB appeals process. Read More »

What Qualifies for an OPM Classification Appeal?

If you’re a federal employee and you feel that your position isn’t appropriately classified, you may be wondering if you can file a Classification Appeal with the Office of Personnel Management (OPM). But first, you need to know what can be appealed and what can’t. Read More »

What You Need To Know About Federal Workplace Discrimination and Investigations

Whether you’re currently a federal employee or you’re just trying to get a federal job, you’re protected by law from discrimination based on your religion, sex, gender identity, sexual orientation, pregnancy status, color or race, age, national origin, disability status, or genetic information. Read More »

Federal Employees Are Entitled To Special Disability Retirement Benefits

Disability retirement benefits make an enormous difference to anyone. Read More »

Disciplining Federal Employees for “Lack of Candor.” Is the Standard Too Subjective?
Is the ‘lack of candor’ standard too objective?

When federal agency officials contemplate disciplinary action against a federal employee, they have many arrows in their quiver. For example, the officials may contend that the targeted employee is guilty of falsification. On the other hand, they may turn instead to a much more nebulous charge: that the actions of the employee exhibited a “lack of candor.” To many federal employees facing a charge which could result in suspension or even end their career, “lack of candor” sounds rather subjective. Indeed, is the standard too subjective? Read More »

Successfully litigated against all federal agencies for 24 years, has brought cases before most circuit courts of appeals, as well as the United States Supreme Court on behalf of federal employees he has represented.