MSPB Attorney: Federal Merit Systems Protection Board – Dallas, Washington D.C., Atlanta
The Merit Systems Protection Board (“MSPB”) is a quasi-judicial agency charged with protecting the integrity of the federal merit systems and the rights of individuals within those systems. One of the primary roles of the MSPB is to hear appeals of federal government employees who have been demoted, suspended or terminated on the basis of conduct or performance.
Nationwide Representation Of Federal Government Employees Facing Investigation Or Disciplinary Action
Our experienced MSPB attorney at The Devadoss Law Firm, P.L.L.C., provides nationwide representation in this specific area of the law. The MSPB, under the Civil Service Reform Act, guarantees a formal due process to prevent federal employers from taking arbitrary, abusive or politically motivated actions against federal employees.
- You have rights in the employee investigation, whether criminal or noncriminal allegations.
- You have a right to be notified in advance of potential discipline or removal.
- You are entitled to respond to proposed discipline to try to avoid or mitigate the fallout.
- If the adverse action is actually carried out, you have the right to contest the action through an MSPB hearing or appeal of a hearing judge’s unfavorable decision.
The Devadoss Law Firm, P.L.L.C., provides the thoughtful and forceful legal advocacy you need if you have been targeted for disciplinary action. With offices in Dallas, Atlanta and Washington, D.C., we represent federal employees nationwide in every phase of Merit Systems Protection Board proceedings. Do not delay. Contact our MSPB attorney today for a free consultation.
Experienced Merit Systems Protection Board Lawyer
Before private practice, MSPB attorney Bobby Devadoss worked for two federal agencies, where he advised management officials on employment and labor matters, including disciplinary actions and terminations. He knows what you are up against and how to counter the tactics of agency officials and government lawyers. He works to protect your rights and to prevent matters from escalating to the next level, while laying the groundwork for appeal if your employer moves forward with adverse employment actions.
The Devadoss Law Firm, P.L.L.C., represents employees of any federal agency, from clerical and blue collar personnel to managers and directors. We have handled all types of Merit Systems Protection Board cases, including:
- Performance-based actions (often a red herring for the real motivation)
- Misconduct actions (illegal acts or conduct unbecoming a federal employee)
- Retaliatory discipline (backlash for whistleblowing or filing claims)
- Discriminatory actions (adverse employment actions based on discrimination)
We Understand The Urgency And The Gravity Of Your Situation
We know that federal sector employees usually have a great deal personally invested in their jobs, from career goals and achievements to pay grade, benefits and pensions. We realize that a suspension, demotion or termination could set you back years or bring it all to an end.
Our early intervention can often make a real difference, by preventing a career-ending disciplinary action or by forcing investigators and management to honor your due process rights and “play by the book.”
Frequently Asked Questions About MSPB Appeals
Most Federal employees have only a general understanding regarding their rights following an adverse employment action. To provide some basic information about the MSPB appeals process and how federal employees should respond, The Devadoss Law Firm, P.L.L.C., provides answers to many of the questions that we regularly receive:
What is the Merit Systems Protection Board?
The Merit Systems Protection Board (MSPB) is an independent, quasi-judicial agency that provides a means for federal employees to appeal adverse employment actions, such as demotion, suspension or discharge. Its overarching mission is to protect the Federal merit system, and it does so by adjudicating individual employee appeals and conducting studies of merit system practices.
What kinds of adverse employment actions can be appealed?
Federal employees who have been subject to these types of employment actions can make an appeal to the Board:
- Performance-based actions
- Misconduct actions
- Retaliatory discipline actions
- Discriminatory actions
- Denials of within-grade salary increases
- Suspensions of more than 14 days
- Reductions in grade or pay
- Furloughs of 30 days or less
- Reduction-in-force actions
- Denials of restoration or reemployment rights
There are many more. In a free consultation, a lawyer at our firm can review your situation and provide guidance regarding your rights and legal options.
What kinds of issues cannot be appealed to the Board?
The Board does not hear claims involving discrimination complaints, except when allegations of discrimination are raised in appeals from agency personnel actions brought before Board. Also, it does not hear certain types of whistleblowing reprisal claims. However, Federal employees who have suffered those types of adverse employment actions may have other avenues for the redress of grievances.
In a nutshell, how does the MSPB appeals process work?
In most cases, you must file an appeal within 30 calendar days of the employment action, or 30 calendar days of receipt of the agency’s decision, whichever is later. Certain types of appeals may have different due dates. To protect your rights and ability to file an appeal, seek the advice of an experienced attorney.
- Federal employees can start the appeal process by filing information via MSPB’s e-Appeal Online application. Alternatively, an employee can download an Appeal form, complete it and deliver it by mail, fax, commercial delivery service or personal delivery.
- The Administrative Law Judge assigned to the case will issue an acknowledgement order to the appellant and the agency. The Judge will then ask for supporting information and responses from the appellant and agency. As the process moves forward, the Judge will issue various notices and orders regarding pleadings.
- The Judge may conduct one or more hearings to clarify the written information that has been provided and to hear testimony by the appellant, agency personnel or other parties.
- The Judge will issue an initial decision that must address all material issues of fact and law.
- The appellant or agency can file a petition for review of the initial decision with the Clerk of the Board in Washington, D.C. Alternatively an appellant who is dissatisfied with an initial decision can file a petition with the United States Court of Appeals for the Federal Circuit.
Who must bear the burden of proof in an MSPB appeal?
The agency bears the burden of proof for an adverse employment action and must provide justification that satisfies the Judge. Appellants must prove that the MSPB has jurisdiction and that the appeal was filed in a timely manner. If the appeal alleges discrimination or retaliation for whistleblowing, the appellant must provide proof of these violations.
If the initial decision is in favor of the appellant, how long does the appellant have to wait for relief?
The Judge can order interim relief for the appellant. This could include reinstatement, but not necessarily the payment of back pay and attorney fees.
Talk To Our Dedicated MSPB Attorneys Today
The MSPB lawyers at The Devadoss Law Firm, P.L.L.C., provides comprehensive services for any stage of the MSPB process, from answering investigators’ questions all the way to federal court appeals. To discuss your situation in a free consultation, call us toll free at 888-351-0424, or contact us online.