U.S. Merit Systems Protection Board (MSPB)

The U.S. Merit Systems Protection Board (“MSPB”) is an independent federal agency that protects the rights of federal employees. The MSPB’s mission is to protect the merit system of employment in the federal government and to ensure that federal employees are treated fairly and equitably. The MSPB has several different functions, including: (1) Adjudicating appeals from federal employees who have been disciplined or discharged; (2) Investigating allegations of discrimination, retaliation, and other prohibited personnel practices; (3) Providing information and assistance to federal employees on their rights and responsibilities; (4) Promoting merit principles in the federal government.

Federal employees who have been disciplined or discharged may file an MSPB appeal. The MSPB also hears appeals from employees who believe they have been discriminated against or retaliated against. In addition, the MSPB hears appeals from employees who have been denied a promotion, or who have been denied benefits such as retirement or health insurance. To file an MSPB appeal, the employee must have exhausted all other administrative remedies within the agency. Once the employee has exhausted all other administrative remedies, they have 30 days from the date of the agency’s final decision to file an appeal with the MSPB.

The MSPB can investigate allegations of prohibited personnel practices. A prohibited personnel practice is any action taken against an employee by an agency that is based on discrimination, retaliation, or other prohibited reasons. The MSPB can investigate allegations of prohibited personnel practices at the request of an employee, the Special Counsel, or another party. If the MSPB finds that a prohibited personnel practice has occurred, it can order the agency to take corrective action. Some examples of prohibited personnel practices include (1) Discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information; (2) Retaliation against an employee for whistleblowing or other protected activity; (3) Harassment of an employee; (4) Discriminatory or retaliatory termination of employment; (5) Violation of an employee’s veterans’ preference rights.

The MSBP appeals process can be complex and time consuming. You want the right team of experts on your side when filing an MSPB appeal. An MSPB appeal is litigation for your employment rights. When you hire our team, we will guide you through each step of the litigation process. This starts with drafting the appeal. Our next step is to engage in the discovery process. The discovery process will then allow our team of experts to draft and file motions on your behalf. Finally, if the matter cannot be resolved through mediation, our team of experts will represent you at the MSPB hearings. If the MSPB issues an unfavorable decision, our team can guide you through the next steps of the appellate review process. It is also important to know that the MSBP may award attorney’s fees to the prevailing party in an appeal. Our team will work to assert your rights to a claim of an award of attorney’s fees.