By John V. Berry, Esq., www.berrylegal.com
When federal employees are removed, demoted, severely suspended, have Whistleblower issues, OPM retirement problems, face USERRA (military) discrimination, or have other civil service issues may have the ability to file an appeal with the Merit Systems Protection Board (MSPB). Essentially, the MSPB is an administrative court that functions much like a civil court for federal employee claims. When facing an appeal before the MSPB, current and former federal employees need attorneys experienced in MSPB appeals to represent them in these types of cases given that the process functions much like civil litigation in court.
MSPB Attorneys Should Have Experience at the MSPB
It is important for federal employees to interview and hire experienced attorneys that have previously practiced before the MSPB. Many general services lawyers will attempt to handle a federal employee's MSPB appeal but often find it difficult given that it is a very specialized area of law. Our law firm represents federal employees nationwide in MSPB appeals regardless of which MSPB office where the appeal is filed. There are a number of steps in a traditional MSPB appeal, and below is a summary of the general progression of an MSPB appeal. Keep in mind that each MSPB appeal is different and may have different deadlines, rules, or timing so it is important to speak with an experienced MSPB attorney through the appeals process.
A. Step 1 - The Filing of an MSPB Appeal
The first step in the MSPB appeals process is for a federal employee to file an MSPB appeal. For most types of cases that the MSPB hears (e.g., those involving removals or severe suspensions for federal employees), the deadline to file an appeal is typically 30 days from the effective date of the decision. It is critical to timely file an MSPB appeal or it will most likely be dismissed. Appeals are mostly filed electronically today through the MSPB e-Appeals website. Different deadlines may apply for some whistleblower, USERRA (military) discrimination, and other types of federal employee cases so having an attorney is very important to navigate an MSPB case.