Merit Systems Protection Board (MSPB) Appeals

The Merit Systems Protection Board (MSPB) is an independent, administrative quasi-judicial agency that functions as the court system for federal employees who have been disciplined or who are whistleblowers who have vetted their complaints through the Office of Special Counsel. The MSPB was created to ensure that federal agencies follow federal merit systems principles in proposing and deciding discipline and in taking adverse personnel actions against employees. Generally, the MSPB has the authority to hear discipline cases involving:

  • Suspensions of fifteen days or greater
  • Demotions
  • Denials of within-grade increases
  • Denials of disability retirement applications and other disciplinary actions up to and including removal

Employees intending to challenge an appealable action have only a short deadline to file an appeal that sets forth the reasons why the adverse action should be dismissed or mitigated. Once an appeal is filed in a timely manner, an administrative law judge will oversee the case through the discovery process, conduct a hearing, and decide the case.

If an employee needs to file an appeal to the MSPB to save a job or to contest unjustified discipline, retaining a firm with knowledge of the unique laws and rules governing the federal sector is essential to properly present an appeal to the MPSB and litigate the matter through a hearing. Contact us to discuss our experience with MPSB appeals and how we can help.