If you’re a federal employee and you’ve lost your job because of unwarranted reasons, reach out to an MSPB attorney to seek justice by filing an MSPB appeal against your employer.
If you’ve lost your job, been suspended from work for an extended period of time, or have had your pay reduced, you may feel that your employer acted unethically. Whether you believe discrimination was involved or your employer violated your rights in some way, you’re protected as a federal employee by the Merit Systems Protection Board (MSPB).
The MSPB is part of the executive branch of the United States government. The goal of the MSPB is to guard employees against unlawful mistreatment by employers. The MSPB works to establish better hiring practices, enforce nondiscrimination, and protect employees from retaliation throughout the civil workforce.
At Snider & Associates, LLC, our goal is to help civil servants manage the complex MSPB appeals process. The MSPB is likely to take your case more seriously when you have experienced legal representation. An MSPB lawyer from our firm can give your case the care and attention it needs to succeed.
Types of Actions That Can Be Brought to the MSPB
There are numerous types of federal employee actions that can be brought to the MSPB for an appeal. If you’re a federal employee who’s completed your one-year probationary period at work, you have a right to file a complaint. Some of the common actions brought to the MSPB include:
- Being fired from federal service
- Pay reductions
- Suitability actions
- Involuntary retirements
- Suspensions that last longer than fourteen days
- Whistleblower retaliation cases
- Denials of disability in retirement
If you’ve experienced any of the above situations or have suffered mistreatment by your employer in some other way, an MSPB attorney can help you determine whether the MSPB is the right place to file your complaint. The MSPB also works closely with the Equal Employment Opportunity Commission (EEOC) on specific issues, such as discrimination in the workplace.
How to Appeal to the MSPB
You can file an appeal online with the MSPB or you can download an appeal form from their website and deliver it by mail, fax, or in person at your nearest MSPB regional office.
You’ll need to follow all of the guidelines outlined on the appeal form and provide notice of proposed action, your workplace’s decision to take the action being appealed, and, if available, the SF-50 or similar notice of personnel action.
Appeals must be filed within thirty days of when the unfavorable action took place at work. Once the case is assigned to an administrative judge (AJ) within the MSPB, the AJ will send out an acknowledgment order to both the employee and the employer and begin the process of gathering statements and evidence. The judge will then come to an initial decision on the matter.
If either party doesn’t agree with the initial decision, a petition for review can be filed within thirty-five days. A petition for review will lead to a final order on the matter by the MSPB. If the employee is still dissatisfied with the decision, then a petition can be filed with the United States Court of Appeals within sixty days.
The Douglas Factors
The Douglas Factors are a set of standards that an employer must consider before taking unfavorable action against a federal employee. When the MSPB reviews complaints, they use the Douglas Factors to determine whether the employer is in the wrong or not. These factors include:
- The level and type of employment
- The employee’s past disciplinary record
- The employee’s past work record
- The circumstances and severity of the offense
- How the offense will affect the employee’s future work performance
- Comparison of disciplinary action to other employees with similar offenses
- How the offense will affect the reputation of the employer
- Whether the employee knew that they violated a rule
- Potential for remedy
- Whether the offense can be justified
- Whether alternative measures can be taken to prevent further offenses in the future
The Douglas Factors can also be used to support your MSPB claim, because if your employer didn’t consider these factors in their decision to wrongfully fire you or mistreat you, then you may have a better chance of winning your case.
Contact an MSPB Attorney
The MSPB appeals process can be complex, and it’s important to have patience along the way. Our attorneys at Snider & Associates, LLC have a strong understanding of how federal employees should be treated. We also know how to handle and escalate incidents when employees are mistreated. We can give you the guidance and support you need if you feel undermined at work in any way.
To discuss your case with an MSPB lawyer from our firm, call 410-653-9060 or fill out the contact form below to schedule a consultation.