What is the Purpose of the Merit Systems Protection Board?  

The Merit Systems Protection Board is an ad hoc quasi-judicial entity responsible for safeguarding the Merit System Principles which, in broad terms, are the standards that govern the civil service federal workforce. These principles, which are part of the Civil Service Reform Act of 1978, are reviewed and enforced by the MSPB. The Board has the power to hear and make decisions impacting federal employees who submit appeals challenging the disciplinary actions taken by federal executive agencies, or other employment law matters. When litigating before the MSPB, you also have an opportunity to engage in discovery, which is the process of obtaining evidence from your employing federal Agency to use in support of your MSPB appeal.

When Should I Go to the MSPB?

You can appeal to the MSPB if you are a competitive service employee who has completed your 1-year probationary period, if you have completed 2 years of continuous service in the same or a similar position in the federal government, if you are a veteran’s preference eligible employee, or an employee alleging a violation under USERRA or whistleblower retaliation.

• Cases concerning federal employee adverse actions like: demotions, suspensions, furloughs, and removals
• Cases concerning an individual’s rights or benefits under the CSRS or FERS
• Cases concerning complaints under the Whistleblower Protection Act
• Cases involving complaints under the USERRA
• Cases involving complaints under the and the Veteran’s Employment Opportunities Act
• Cases based on complaints of Prohibited Personnel Practices

Disciplinary actions that are directly appealable to the MSPB, include:

• Suspension – An employee may be suspended from duty without pay for a period of time
• Demotion – An employee may be demoted to a lower grade or position with a decrease in pay
• Removal – An employee may be removed from their job or position
• Reduction in pay – An employee’s pay may be reduced as a disciplinary action
• Reassignment – An employee may be reassigned to a different position or location

Before taking a disciplinary actions against a federal employee, federal government agencies are required to provide a proposal notice which outlines the charges and specifications against the federal employee.  This provides federal employees with due process and an opportunity to respond.

What Charges may lead to Disciplinary Actions?

Common charges included in a proposed disciplinary action, may include one or more of the examples:

• Absence Without Leave – This refers to an employee’s absence from work without the proper authorization or justifiable reason, often disrupting the workflow and imposing undue burden on their colleagues.
• Conduct Unbecoming – This charge usually involves actions or behavior that tarnish the image of the organization or department, and is often added as an additional allegation to other substantive misconduct charges.
• Failure to Follow Instructions – This misconduct charge involves an employee’s refusal or failure to comply with valid instructions, directions, or approved governmental policies, hindering the overall operational efficiency.
• Failure to Maintain a Condition of Employment –This charge refers to the failure of an employee to maintain certain prerequisites for their job, like professional licenses or security clearances, thereby potentially jeopardizing their employment status.
• Falsification and Misrepresentation – This misconduct charge involves the intentional distortion or misrepresentation of information, altering official records or documents, or falsifying timecards, all of which can undermine the integrity of the organization.
• Insubordination – This charge is levied when an employee deliberately disobeys or disregards the directives of a superior or supervisor, thereby undermining authority and disrupting workplace order.
• Improper Use of Government Credit Card – This charge involves unauthorized or personal use of a government-issued credit card, an act that can result in financial loss to the government and breach of trust.
• Lack of Candor – This misconduct charge is levied when an employee fails to fully disclose pertinent information during an official investigation, thereby hampering the truth-finding process.
• Negligence – This misconduct charge is often brought against medical providers or government investigators who fail to perform their duties to the generally accepted standard of care, causing potential harm or loss.
• Off-Duty Misconduct – This charge involves misconduct committed outside of work hours, such as DUIs, restraining orders, or improper use of government credentials, which can negatively affect the organization’s image.
• Security Violations – This misconduct charge involves instances where sensitive data, like PII or HIPAA information, is inadvertently disclosed, or a government laptop containing such data is stolen.
• Theft of Government Property– This misconduct charge can range from making false timecard entries to steal unearned salary or overtime, to the physical theft of government equipment or unauthorized personal charges on a government credit card.
• Unauthorized Use of Government Computers or Internet – This charge refers to the misuse of government resources, such as accessing inappropriate or explicit material on a government computer, which breaches the code of professional conduct and trust.

Appeals before the Board are won and lost during discovery, and an attorney with experience representing federal employees can help develop an aggressive litigation strategy, to achieve cost-effective results and the best legal approach to winning your case.

Eligibility

Eligibility to appeal is granted to competitive service employees who have completed their one-year probationary period, those with two years of continuous service, veterans’ preference eligible employees, or those alleging violations under USERRA or whistleblower retaliation.

Initial Consultation and Case Evaluation  

Our seasoned attorneys will review and assess your case during the initial consultation to advise you on the most effective strategies to achieve your objectives. With extensive experience representing federal employees in various matters before the MSPB, we are dedicated to guiding you through the appeal process while safeguarding your interests.

The Importance of Experienced Counsel  

Appeals before the MSPB can be won or lost during the discovery phase, making an experienced attorney essential in developing an aggressive litigation strategy. Our lawyers can create a cost-effective and winning legal approach tailored to your case. Given the complex and time-sensitive nature of MSPB litigation, securing legal representation as early as possible is crucial to utilize all available resources and maximize your chances of success or obtaining a favorable settlement.

Get Help Today With Your MSPB Matter

Getting a notice, letter or charge from the government can be a challenging and intimidating experience, and it’s natural to feel unsure about your next steps. In these situations, it’s crucial to consult with an experienced MSPB lawyer at Solomon Law Firm, PLLC. Contact us today to schedule a with a skilled MSPB attorney.

Our attorneys provide unparalleled legal representation every step of the way. Contact us today to learn more.

Why Choose Solomon Law?

Our legal team has comprehensive knowledge of the laws and regulations governing federal employment and a demonstrated track record of success in and out of the courtroom. Backed by decades of experience, we have developed trial-tested litigation tactics for resolving employment disputes with the federal government, its contractors, and private sector companies.

Our attorneys have gained the recognition of our peers, who have consistently rated them for inclusion in Super Lawyers, Avvo, and Best Lawyers. At Solomon Law Firm, we adhere to the highest standards of professional excellence and always work in the best interests of our clients. We pride ourselves on providing personalized attention to every client we represent. When you trust in us, you can be confident we won’t leave a single dollar.

Contact our office today to get started with your confidential case review.