Cases Considered by the MSPB
The Merit Systems Protection Board (MSPB) hears certain appeals and complaints filed by federal government employees. The attorneys of Kator, Parks & Weiser have extensive experience handling cases before the MSPB. Contact KPW today for a free consultation regarding your claims.
The MSPB hears appeals of certain disciplinary actions. An employee who qualifies for civil service protection may appeal any termination, demotion, furlough for less than 30 days, or suspension of more than 14 days, to the MSPB for adjudication before an independent Administrative Judge. The adverse action notice from the agency must set forth the applicable deadline, and will provide information about filing the appeal with the MSPB.
An important component of civil service protection is that management may not impose an unduly harsh punishment. The MSPB has developed a list of factors that management and MSPB judges must consider in determining the appropriateness of a given punishment in a particular case. Because the MSPB has authority to reduce a serious disciplinary action, an employee may want to pursue an MSPB appeal to fight for a reduced punishment, even if the employee admits to misconduct.
KPW’s MSPB practice group is chaired by Jessica Parks. Ms. Parks served as an MSPB Administrative Judge, and was later appointed by the President as a Member and then Vice Chair of the MSPB. Contact KPW today for a free consultation.
The MSPB also hears cases filed under the Whistleblower Protection Act, the Uniformed Services Employment and Reemployment Rights Act (USERRA), and the Veterans Employment Opportunities Act (VEOA).
Whistleblowing means disclosing information that you reasonably believe is evidence of a violation of any law, rule, or regulation, or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. In most cases, a federal employee who believes he/she was subjected to retaliation for any such disclosure, must first go to the Office of Special Counsel (OSC), before filing an appeal with the MSPB.
An employee alleging a violation of his/her rights under USERRA, following service in a uniformed service may file an appeal with the MSPB. USERRA protects the rights of veterans of the uniformed services to return to their work assignments, and protects from discrimination based on being a member or veteran of the uniformed services.
VEOA guarantees veterans’ preference in applications for certain federal civil service positions. Procedural steps must be taken, including a timely filing with the Department of Labor, before a claim may be filed with the MSPB.
We strongly encourage anyone presented with notice of a proposed adverse action, or anyone considering a claim of whistleblower retaliation, violation of USERRA or violation of VEOA, to seek guidance and assistance immediately from an attorney experienced in handling federal employee adverse actions. Contact KPW today to discuss your legal options.
