Continued look at the MSPB: spotlighting informed legal counsel

| May 4, 2020 | Employee Rights

We highlighted contested employment actions conducted under the auspices of the Merit Systems Protection Board in a recent blog post. We noted in our Devadoss Law Firm April 27 entry that a federal employee suffering from a firing, demotion, suspension or other adverse work outcome has rights that he or she can invoke to contest that adverse result.

The MSPB is centrally important in that process.

It bears noting that a proven pro-employee legal team promoting a client’s rights will generally do everything possible to avoid formal escalation in a job-linked matter.

That doesn’t always avail, though. We note on our website that, “If and when an employer does proceed with adverse action, there is little recourse to stop it.” An affected worker’s best strategy is often to appeal a negative agency decision.

As noted, that often spells a direct route to the MSPB and a hearing before a board judge. That hearing is a formal event in which a petitioner has due process rights and an ability to often make strong arguments through seasoned legal counsel. A fundamental strategy goal for an experienced MSPB attorney is to ensure a full written record concerning all material points.

Assembling that record can be a key determinant in gauging whether to appeal an adverse ruling, with noted salient points also being strong indicators of how a federal appellate court’s ruling might play out.

A worker who wins on appeal may be entitled to the restoration of many benefits, as well as damages for wrongful agency conduct.

We welcome contacts to the firm to discuss MSPB rules and processes, as well as any other matters relevant to federal workers’ rights and benefits.

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