MSPB, Merit Systems Protection Board
In the United States, employees have certain rights and are protected against discrimination and wrongful termination. While employees of private companies have certain avenues to seek relief, the procedures are different for federal government employees. Employees may use an appeal to the Merit Systems Protection Board (MSPB) in federal employment law cases.
Paul N Jones Law Firm
National Representation across the United States
As a federal employee, you are entrusted with important responsibilities, and your job is crucial to the functioning of government agencies. Unfortunately, like any other job, federal employment can sometimes come with disputes, allegations, or adverse actions that can threaten your career and livelihood.
Our National Security Clearance Law practice is led by Paul N. Jones, a seasoned attorney with a strong focus on federal legal matters, security clearances, and labor and employment law in both the federal and private sectors. With over 20 years of experience, he has represented federal agencies like the FBI, the Department of Homeland Security, and the Department of Energy. He can assist any organization facing these challenges and provide guidance and direction in assessing the risks and opportunities.
Paul N Jones Law Firm
National Representation across the United States
His expertise includes handling employment litigation, labor disputes, and security clearance revocations, frequently appearing before the EEOC and MSPB. He has held top-secret clearances and served as lead counsel in numerous high-stakes federal cases, including Title VII, ADA, ADEA, and FMLA litigation. Paul’s comprehensive understanding of federal and private sector employment law and his regulatory compliance expertise make him a trusted advisor in navigating complex legal challenges in both public and private arenas.
What is the MSPB, Merit Systems Protection Board?
The Merit Systems Protection Board (MSPB) is an independent, quasi-judicial agency that allows 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.
Types of Actions That Can Be Brought to the MSPB
Numerous federal employee actions 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
- Demotions
- Pay reductions
- Suitability actions
- Involuntary retirements
- Suspensions that last longer than fourteen days
- Whistleblower retaliation cases
- Denials of disability in retirement
Contacting a knowledgeable attorney with experience with the unique procedural rules in the MSPB is crucial. Paul N Jones will present your case in a way that will give you the highest chance for success.
Representation at Any Stage of Your Case
If you think you may be a victim of unfair treatment in the workplace, we encourage you to retain us as soon as possible. We can represent you at any case stage, from the investigation to hearings and appeals.
Employee Investigations
Many MSPB cases start with an investigation. If someone has accused you of misconduct, your agency or another federal agency will investigate before deciding whether to pursue disciplinary action.
When facing an investigation as a federal employee, it is vital to play an active role. You must ensure that the federal employees handling the investigation follow proper procedures and effectively assert their legal rights. We can explain what you should and shouldn’t say. The MSPB lawyer can deal with the government on your behalf throughout the investigative process–and after the investigation if necessary.
At some point during your investigation, you may receive what is known as a Garrity or Kalkines warning. Both of these warnings have important implications, and if you have received a Garrity or Kalkines warning, you should speak with an MSPB lawyer promptly to ensure you know what this means for your investigation.
Proposed Disciplinary Actions
If a federal agency decides to pursue disciplinary proceedings based on the outcome of an investigation, it must first provide the federal employee with notice of the proposed disciplinary action. At this stage, you can respond and use this opportunity to your advantage.
When responding to a notice of proposed disciplinary action, your primary goal is to dissuade the investigating agency from moving forward. But this is not the only reason to submit a carefully prepared response. If the agency moves forward, your response will become a part of your case file, which means an MSPB or EEOC judge could also see it. Our MSPB attorney can help ensure your response is as strong and helpful as possible.
Disciplinary Proceedings
MSPB disciplinary proceedings can have severe consequences for federal employees. Depending on the circumstances involved, suspension, demotion, termination, and other adverse employment consequences could all be on the table. If you are facing discipline as a federal employee, you need experienced legal representation, and you should speak with an MSPB attorney promptly. Our attorneys handle performance and misconduct actions for federal employees at all General Schedule (GS) and Senior Executive Service (SES) levels.
Hearings and Appeals
Whenever possible, we work to protect our clients against facing the inherently uncertain outcomes of MSPB hearings and appeals. But, in some cases, the need to appear at a hearing or file an appeal will be unavoidable. If you are preparing to go before the MSPB or if you need to challenge the outcome of your MSPB hearing, our lawyers can advise and represent you through the final resolution of your case.
MSPB hearings and appeals require in-depth knowledge of the relevant laws, rules, and procedures, so choosing a lawyer with significant experience representing federal employees in MSPB matters is imperative.
Contact Paul N Jones Law Firm Today
If you are a federal employee facing adverse actions, including those related to alleged performance issues, discrimination, or whistleblower retaliation, you should contact a federal employment law attorney. Paul N Jones Law Firm can help you understand your rights, options for a hearing or appeal with the MSPB, and the steps to protect your career.
We’ll Be There Every Step of the Process
Douglas Factors to Your MSPB Case
The Douglas Factors are standards employers 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 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
Douglas factor issues vary significantly from case to case, and federal employees should consult with an attorney who is knowledgeable about these issues before responding to a proposed disciplinary action or filing an appeal with the MSPB.
It 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.
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