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Challenged federal employees: invoking the MSPB process

On Behalf of | Apr 27, 2020 | Employee Rights

The vast federal employment realm in the United States logically enough has a system of rules and processes that come into play in instances of worker firings, suspensions and demotions.

That is to say, employees do not have to simply accept adverse job outcomes passively and without recourse. That is especially true when they believe that an employer has acted unfairly in dealing with them.

We spotlight that system/process on our website at the Devadoss Law Firm, with legal offices spanning the country that have long and effectively served America’s federal workers. We stress that a federal employer seeking to terminate or otherwise downgrade a worker “must notify that employee in advance and allow for a formal response to an allegation of misconduct or deficient performance.”

That response sometimes proceeds via a contested action through the Merit Systems Protection Board. That body is essentially a tribunal vested with administrative and judicial powers. Its existence is grounded in a rationale that integrity and fundamental fairness should attach to the federal work realm.

As we note, though, the MSPB is not exactly a neutral venue. Given that employer reps guided by legal counsel commenced actions that brought a matter to the board, they unquestionably have a head start with due diligence, research and case strategy.

That advantage doesn’t have to be either permanent or material, though, especially when a challenged worker timely enlists on-point and tailored help from a proven pro-employee legal team.

There is much that results-driven attorneys with a deep well of experience in federal employment law matters can do to promote optimal outcomes in escalated work-linked matters, including on appeal.

We will take a closer look at the MSPB in a future blog post.


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