MSPB Employee Appeal Process

Do you know how to file an MSPB employee appeal?

When you are a federal employee, sometimes you are subject to a dismissal without, in your eyes, adequate cause. Or you may be subject to possible reinstatement but not receive it. Therefore, you may need to appeal your case to the Merit Systems Protection Board.


Per the Code of Federal Regulations, Title 5, Chapter I, Subchapter B, Part 352, Subpart E, Section 352.508 (Appeals to the Merit Systems Protection Board), it says (in part):

If an agency determines that an employee who has applied for reinstatement is not eligible for reinstatement, it shall notify the employee as promptly as possible of its decision, of the basis therefor, and of the employee’s appeal rights under this subpart. The employee is entitled to appeal the decision to the Merit Systems Protection Board under the provisions of the Board’s regulations.

In subsections (b) and (c), the section also covers appeals to the MSPB for a failure to reinstate. Or “If an employee considers that his reinstatement is not in accordance with the act”. Then they can also appeal to the MSPB.

The Employee Appeal Process and Records

The MSPB allows for e-filing. However, before filing, the MSPB cautions a potential appellant as they do not always have the right to an appeal. In addition, the MSPB requires an appellant (the employee or former employee bringing the appeal) make a free account with them. The reason is, mainly, so the appellant can follow the case’s progress online.

The MSPB also allows for filing a pleading in a preexisting proceeding. And includes filing a petition for review of an initial decision.

The appellant can also file addenda. These can be motions for enforcement or attorneys’ fees. The appellant can move for consequential or compensatory damages as well. However, an appellant can only file such a motion if there is already a final board decision.

An appellant can also use the online site to check on filing status. And finally, it also serves as a repository for older documents. These can include the Agency’s response. It can also include truly anything else on the record. It can be a big help if you misplace any documents from your employee appeal.