Generated by All in One SEO v4.9.9, this is an llms.txt file, used by LLMs to index the site. # MSPB Attorneys Federal employee rights, MSPB appeals, and EEO complaints ## Sitemaps - [XML Sitemap](https://mspbattorneys.com/sitemap.xml): Contains all public & indexable URLs for this website. ## Pages - [Merit Systems Protection Board (MSPB) Attorneys](https://mspbattorneys.com/) - MSPB appeals, EEO complaints, federal disability retirement and whistleblower rights, explained for federal employees. - [Federal Employment Attorneys](https://mspbattorneys.com/federal-employment-attorneys/) - A directory of law firms representing federal employees nationwide in MSPB appeals, EEO complaints, OPM disability retirement and whistleblower cases. - [MSPB & Federal Employment Attorney Pricing](https://mspbattorneys.com/attorney-fees/) - How much does an MSPB and federal employment lawyer cost? Typical fee structures for federal employees. - [FAQs](https://mspbattorneys.com/law-questions/) - Answers to commonly asked questions about the Merit Systems Protection Board, MSPB appeals, and federal disability retirement. - [LEGAL DISCLAIMER](https://mspbattorneys.com/legal-disclaimer/) - LEGAL DISCLAIMER We reserve the right to change this disclaimer at any time. The information contained in this website is provided for informational purposes only. It is general in nature. It is also provided “as is”. There is no guarantee of completeness, accuracy, timeliness or correctness. It is provided without warranty of any kind, expressed - [Sexual Harassment](https://mspbattorneys.com/eeo-complaints/sexual-harassment/) - Sexual harassment in the federal workplace: what it covers and how federal employees file an EEO complaint. - [Federal Suspension Attorneys](https://mspbattorneys.com/federal-suspension/) - Federal suspension: the procedures an agency must follow and how a suspension is appealed to the MSPB. - [Sexual Orientation Discrimination](https://mspbattorneys.com/eeo-complaints/sexual-orientation-discrimination/) - Sexual orientation discrimination in the federal workplace and how Title VII protects LGBTQ federal employees. - [Age Discrimination](https://mspbattorneys.com/eeo-complaints/federal-age-discrimination/) - Age discrimination in the federal workplace and how the ADEA protects federal employees. - [Federal Discipline & Adverse Action Lawyers](https://mspbattorneys.com/disciplinary-adverse-actions/) - Federal discipline and adverse actions: the process, the evidence standards, and employee appeal rights. - [Federal Employees Retirement System](https://mspbattorneys.com/federal-employees-retirement-system/) - Federal Employees Retirement System (FERS) The Federal Employees Retirement System, known as FERS, was enacted on January 1, 1987. The system consists of benefits from three different sources. These are a Basic Benefit Plan, Social Security, and the Thrift Saving Plan. The Merit Systems Protection Board may sometimes make administrative decisions in regard to the Federal - [HHS Federal Employment Attorneys | Health and Human Services](https://mspbattorneys.com/hhs-attorneys/) - Employment rights for current and former Department of Health and Human Services employees. - [USERRA Lawyers: Protecting the Rights of Service Members](https://mspbattorneys.com/userra-lawyers/) - USERRA protections for service members: reemployment rights, discrimination, and how claims are brought. - [FERS Disability Retirement Attorneys](https://mspbattorneys.com/federal-disability-retirement/) - FERS disability retirement: eligibility, the application process, and how denials are appealed. - [MSPB Appeals Attorneys](https://mspbattorneys.com/mspb-appeals-attorney/) - How to file an MSPB appeal: deadlines, what to file, where to file, and the remedies the Board can order. - [(OPM) Office Of Personnel Management](https://mspbattorneys.com/office-personnel-management/) - Office of Personnel Management (OPM): how OPM rulings work and how federal employees contest them. - [Federal Removal & Termination Lawyers](https://mspbattorneys.com/removal-termination/) - Federal removal and termination: the rules an agency must follow and the rights federal employees have. - [Federal Whistleblower Protection & Representation](https://mspbattorneys.com/federal-whistleblower-attorney/) - Federal whistleblower protection: retaliation for protected disclosures and how federal employees enforce their rights. - [EEO Complaints](https://mspbattorneys.com/eeo-complaints/) - How federal employees file an EEO complaint for discrimination, including the deadlines and the stages of the process. - [Federal Reduction in Force Lawyers](https://mspbattorneys.com/federal-reduction-force/) - Federal Reduction In Force: how RIF procedures work, retention registers, and the rights of affected employees. - [The Definitive Guide to the Merit Systems Protection Board (MSPB)](https://mspbattorneys.com/merit-systems-protection-board/) - The Definitive Guide To The Merit Systems Protection Board (MSPB) The Merit Systems Protection Board (MSPB) serves as an independent and semi-judicial agency which is the guardian of Federal merit systems. It serves as a part of the Executive branch of the United States government. The Board came into being via a 1978 law which became effective in 1979. - [Retaliation Protection](https://mspbattorneys.com/eeo-complaints/retaliation-protection/) - Retaliation is the most frequently alleged basis of discrimination in the federal sector. How federal employees respond. - [Gender Discrimination](https://mspbattorneys.com/eeo-complaints/federal-gender-discrimination/) - Sex and gender discrimination in the federal workplace and how Title VII protects federal employees. - [Race Discrimination](https://mspbattorneys.com/eeo-complaints/federal-race-discrimination/) - Race discrimination in the federal workplace and how Title VII protects federal employees. - [Disability Discrimination](https://mspbattorneys.com/eeo-complaints/federal-disability-discrimination/) - Disability discrimination in the federal workplace and the protections available to federal employees. - [Merit Systems Protection Board Law](https://mspbattorneys.com/blawg/) - [(CSRS) Civil Service Retirement System](https://mspbattorneys.com/civil-service-retirement-system/) - Civil Service Retirement System: the CSRS is a defined benefit, contributory retirement benefit program. ## Blawg - [What Qualifies for an OPM Classification Appeal?](https://mspbattorneys.com/blawg/qualifications-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. What Can Be Appealed You can use the OPM appeal process - [Disciplining Federal Employees for “Lack of Candor.” Is the Standard Too Subjective?](https://mspbattorneys.com/blawg/subjective-disciplining-candor/) - Are federal agencies permitted to discipline an employee for "Lack of Candor", or is that standard too subjective? A review of the case law. - [What Furloughed Federal Employees Need to Know About Filing MSPB Appeals Under the Government Employee’s Fair Treatment Act](https://mspbattorneys.com/blawg/furloughed-federal-employees-rights/) - Learn how furloughed federal employees can file MSPB appeals under the Government Employee’s Fair Treatment Act. Protect your pay and your rights today. - [Department of Veterans Affairs Employment Attorneys: Defending Your Rights](https://mspbattorneys.com/blawg/veterans-affairs-employment-attorneys/) - Employment rights for Department of Veterans Affairs employees, including staff covered under Title 38. - [Navigating Employment Discrimination as a Veteran or Service Member](https://mspbattorneys.com/blawg/navigating-employment-discrimination/) - For veterans and active service members, transitioning back into the civilian workforce can present unique challenges. One of the most significant obstacles they may encounter is employment discrimination. Despite the sacrifices they’ve made for their country, many veterans and service members face unfair treatment in the workplace. This blog post explores the types of discrimination - [How Pure Must a Federal Whistleblower’s Motives Be?](https://mspbattorneys.com/blawg/whistleblowers-motives/) - Motives matter. As children, most of us were admonished by parents and teachers not to be a snitch. Also we should not tattletale. So mind your own business, right? Lessons learned young stick with us. Indeed, within the American workplace, even within federal government agencies, no one likes that coworker. You know the one who seems - [Federal Employees Are Entitled To Special Disability Retirement Benefits](https://mspbattorneys.com/blawg/disability-retirement-benefits/) - Disability retirement benefits make an enormous difference to anyone. Federal employees who become medically unable to perform their jobs, may enjoy special disability benefits. While such benefits are somewhat like Social Security Disability Insurance (SSDI) Benefits and workers’ compensation benefits, eligibility for federal disability retirement is a unique entitlement. What are its basic eligibility requirements? - [Represent USPS Employees Nationwide: Federal Employment Lawyers](https://mspbattorneys.com/blawg/usps-employment-lawyers/) - Representing U.S. Postal Service Employees Nationwide If you are a current or former USPS employee dealing with a workplace legal issue, you’ve come to the right place. USPS employees, supervisors, and managers are entitled to numerous rights and protections under the Civil Service Reform Act of 1978. The Merit Systems Protection Board oversees these rights - [What You Need To Know About Federal Workplace Discrimination and Investigations](https://mspbattorneys.com/blawg/federal-workplace-discrimination-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. You’re also protected from retaliation in the workplace based on any discrimination - [Federal Whistleblower Protection Under PPP](https://mspbattorneys.com/blawg/federal-whistleblower-protection-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. Understanding the Eighth PPP The eighth PPP prohibits any federal employee who has the authority to - [How to Write an MSPB Appeal](https://mspbattorneys.com/blawg/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). How to Submit an Appeal With the MSPB You’ll need to submit your appeal with the MSPB's area or field - [What Types of Actions Can Be Brought to the MSPB?](https://mspbattorneys.com/blawg/types-of-actions/) - 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 - [MSPB Board Issues First Recent Precedential Decision in 5 Years (March 2022)](https://mspbattorneys.com/blawg/mspb-recent-decisions/) - 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. The State of the MSPB The MSPB lacked - [MSPB Board Rules In Whistleblower Case in Favor of Military Wife](https://mspbattorneys.com/blawg/mspb-whistleblower-military/) - 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.” On July 17, 2006, Army Sgt. 1st Class Scott R. Smith was blown apart by a roadside bomb in Iraq, but his remains were thrown out with the garbage along - [Merit Systems Protection Board Adds Third Member After 5 Years Without Quorum](https://mspbattorneys.com/blawg/mspb-third-member/) - 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. The MSPB reached a quorum back in March, but adding another member will be a huge help. There were previous issues such as potential - [MSPB Revisits Abandoning Affirmative Defenses](https://mspbattorneys.com/blawg/affirmative-defenses/) - In the case of Thurman v. United States Postal Service (July, 2022), the Merit Systems Protection Board (MSPB) overturned their 2010 decision, Wynn v. U.S. Postal Service, regarding the abandoning of affirmative defenses. In so doing, the MSPB listed 6 new non-exhaustive factors that will be used to determine whether an affirmative defense has been ## Janets Semantics - [A Review of Dep't of Homeland Security v. Robert MacLean](https://mspbattorneys.com/janets-semantics/maclean/) - Dep't of Homeland Security v. Robert MacLean Robert MacLean revealed sensitive information then claimed protection as a whistleblower. Did the United States Supreme Court agree? Case Department of Homeland Security v. MacLean, Docket No. 13-894 Facts In July of 2003, the Transportation Security Administration (TSA) learned about a possible plot to hijack American planes. The - [A Look at Mark Abernathy v. Department of the Army](https://mspbattorneys.com/janets-semantics/abernathy-department-army/) - Abernathy v. Department of the Army The Abernathy case looks like it could be a game changer. This recent case raises an interesting question on the status of a whistleblower that comes from outside of Federal employment. Seeing as contractors often work side by side with Federal employees, this question is sure to arise again. - [The History of the Merit Systems Protection Board](https://mspbattorneys.com/janets-semantics/history-mspb/) - Do You know the History of the Merit Systems Protection Board? Early History (or rather, Pre-History) In the early years of the history of the United States, getting a government job was essentially an act of patronage. If the people in charge liked you, and if you were loyal, then a job was yours. If - [MSPB Employee Appeal Process](https://mspbattorneys.com/janets-semantics/mspb-employee-appeal-process/) - What happens when you file an employee appeal with the Merit Systems Protection Board. - [A Look at Kloeckner v. Solis](https://mspbattorneys.com/janets-semantics/kloeckner-v-solis/) - For the matter of Carolyn Kloeckner v. Hilda Solis, the Secretary of Labor, the case went all the way to the Supreme Court of the United States. The main question was jurisdictional in nature – where should an appeal go if the Merit Systems Protection Board (MSPB) has dismissed a case but not on the - [Everything you always wanted to know about the USERRA](https://mspbattorneys.com/janets-semantics/userra/) - Ever wonder what the USERRA is? Well, wonder no longer. The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is a federal law. It sets forth the rights and responsibilities for uniformed service members and their civilian employers. This act can be found in Title 38 of the United States Code. Introduction The - [A Look at Alvara v. The Department of Homeland Security](https://mspbattorneys.com/janets-semantics/alvara-homeland-security/) - Reynaldo Alvara v. The Department of Homeland Security The Alvara case posed an interesting question in MSPB appeals: is the inability to work overtime or a graveyard shift enough of a disability that it must be accommodated? The Merit Systems Protection Board did not think so. Case Reynaldo Alvara v. The Department of Homeland Security. - [Administrative Law Judges](https://mspbattorneys.com/janets-semantics/administrative-law-judges/) - Administrative Law Judges (they are also called ALJs) are federal appointees pursuant to the Administrative Procedure Act of 1946. This act gives them some independence when it comes to decision making. Plus they have immunity from any liability which might arise from their judicial acts. In general, an ALJ’s job is to handle administrative hearings. ## Categories - [MSPB cases](https://mspbattorneys.com/category/mspb-cases/) - [Janet's Semantics](https://mspbattorneys.com/category/janets-semantics/) ## Tags - [MSPB](https://mspbattorneys.com/tag/mspb/) - [Whistleblower](https://mspbattorneys.com/tag/whistleblower/) - [Case law](https://mspbattorneys.com/tag/case-law/) - [United States Supreme Court](https://mspbattorneys.com/tag/united-states-supreme-court/) - [veterans](https://mspbattorneys.com/tag/veterans/) - [disability](https://mspbattorneys.com/tag/disability/)