Were you unfairly suspended or terminated as a federal employee? If so, it’s important to understand you have rights. This includes the ability to file an appeal with the Merit Systems Protection Board (MSPB).
Federal suspension is a severe federal disciplinary action. It may result from alleged misconduct. Also, there may have been prior reprimands by an employer. Hence if those reprimands did not result in a change in the federal employee’s behavior or work ethic, then a suspension is possible. By law, a government agency must give written notice of a federal suspension 30 days before imposing any action. The notice should describe the charges and the evidence supporting the action. Furthermore, it should also state the employee’s rights and date when can reply to the charges. A failure to adhere to these rules could result in the MSPB court overturning the suspension.
After the initial notice of suspension, it could take several months or years for it to actually take effect. If a suspension takes effect, an employee can file an appeal with the Merit Systems Protection Board (MSPB). An Administrative Judge will decide whether the suspension stands, if it will be overturned, or if another less severe federal disciplinary action will be taken. We highly recommend consulting with an attorney experienced with federal suspensions and MSPB law. In addition, you should do so at every stage in the process to ensure the protection of your rights.