At Solomon Law Firm, PLLC, we proudly represent federal employees in cases before the Merit Systems Protection Board (MSPB). Our reach is global, assisting clients across the U.S. and in international locations such as Germany, Italy, the Middle East, Japan, and South Korea. If you’re facing an MSPB appeal, we’re here to provide effective legal support.
Our attorneys have represented clients before every MSPB judge nationwide, giving us unparalleled insight into the Board’s processes. During your initial consultation, we’ll thoroughly review your case and evaluate your options to identify the most effective strategy for achieving your goals. With extensive experience defending the rights of federal employees and a history of successful outcomes, we are well-equipped to handle the full range of matters brought before the MSPB.
What Is 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 are the standards that govern the civil service federal workforce. These principles, 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 support your appeal.
Who Can Appeal to the MSPB?
The Merit Systems Protection Board provides federal employees a platform to challenge unfair workplace actions and protect their rights. You may appeal to the MSPB if you are:
- A competitive service employee who has completed your one-year probationary period
- An excepted service employee with two years of continuous service in the same or a similar position
- A veteran’s preference eligible employee
- An employee alleging violations under USERRA or whistleblower retaliation
Common MSPB Cases We Handle
We represent clients in a variety of MSPB cases, including:
- Adverse actions: Suspensions, demotions, furloughs, and removals
- Retirement and benefits disputes: Appeals involving CSRS and FERS benefits
- Whistleblower retaliation claims: Appeals under the Whistleblower Protection Act
- Military service rights: USERRA violations affecting federal employment
- Veteran’s rights violations: Claims under the Veterans Employment Opportunities Act
- Prohibited personnel practices: Discrimination, retaliation, and other employment violations
Disciplinary Actions You Can Appeal
The following disciplinary actions may be appealed to the MSPB:
- Suspension – Unpaid suspension from duty for a specified period
- Demotion – Reduction to a lower grade or position with decreased pay
- Removal – Termination from federal employment
- Reduction in pay – Salary decrease as a disciplinary measure
- Reassignment – Transfer to a different position or location
Before a federal agency can take disciplinary action, it must issue a proposal notice outlining the charges and providing the employee with due process and an opportunity to respond.
Common Charges Leading to Disciplinary Actions
Federal employees may face disciplinary action for various reasons, including:
- Absence Without Leave (AWOL) – This refers to an employee’s absence from work without the proper authorization or justifiable reason, often disrupting the workflow and imposing an undue burden on colleagues.
- Conduct Unbecoming – This charge usually involves actions or behavior that tarnishes the image of the organization or department. It 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 an employee’s failure to maintain certain job prerequisites, such as professional licenses or security clearances, which could potentially jeopardize their employment status.
- Falsification or 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 according 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 stealing 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.
Rights and Considerations for the Accused
Federal employees facing disciplinary actions or adverse decisions have important rights that must be protected. You are entitled to due process, which ensures that you receive a fair opportunity to respond before an adverse action is taken against you. Additionally, you have the right to appeal these decisions to the MSPB, giving you a chance to challenge the agency’s actions and seek a fair resolution. It’s important to act quickly, as appeals to the MSPB must be filed within strict deadlines, typically 30 days from the date the action takes effect.
Having experienced legal representation can make a significant difference in these cases. A skilled attorney can help you evaluate your options, prepare a compelling appeal, and ensure that your rights are fully protected throughout the process.
Mistakes to Avoid in an MSPB Case
Many federal employees make costly mistakes that can weaken their appeal. Avoid these common pitfalls:
- Missing deadlines – The MSPB has strict filing deadlines, and missing them can forfeit your appeal.
- Failing to gather evidence – Without proper documentation, proving your case becomes difficult.
- Responding without legal counsel – Agencies have legal teams, and appearing unrepresented can put you at a disadvantage.
- Overlooking settlement options – Negotiating a favorable settlement may be better than risking an unfavorable ruling.
Why Choose Solomon Law Firm?
At Solomon Law Firm, we provide strategic representation in MSPB cases, tailoring our approach to fit your unique circumstances. With decades of combined experience, we understand the MSPB process and know how to achieve favorable results. Whether presenting your case at a hearing, negotiating a settlement, or addressing agency misconduct, we are committed to protecting your career and future. MSPB appeals are often won or lost during discovery, making experienced legal representation critical. Our attorneys focus on developing strategic, cost-effective solutions to help you achieve the best possible outcome.
Contact Our Experienced Washington, DC Federal Employment Attorneys
At Solomon Law Firm, we are dedicated to protecting federal employees’ rights and careers. Let us provide the knowledgeable representation you need for your MSPB case. Contact us today to schedule a consultation and take the first step toward resolving your workplace challenges with confidence.