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MSPB Attorney: Merit Systems Protection Board (MSPB)
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Government Employees across the country are influenced by adverse action taken against them by the Federal Government. The action can take many forms from Reprimand to Suspension to Downgrade to Termination. The Edmunds Law Firm helps Federal Employees and Active Duty Military across the United States with any issues involving MSPB decisions. We fight for our clients and make formal requests for Reinstatement, lost wages and attorney fees. If you require an MSPB appeal, our experts can assist you.
Our Law Firm has offices coast to coast. We have over 40 yrs experience in MSPB, National Security Clearance and Military Law. If you need help or simply have questions about an MSPB appeal, allow The Edmunds Law Firm to find solutions.
Defending clearance holders, contractors, and applicants since 1976.
Security clearance, DOHA, discharge, and debarment cases nationwide.
Personally argued by Alan Edmunds before DOHA and federal review boards.
The Edmunds Law Firm has been representing clients throughout the United States for over 40 years. In many cases we received National recognition.
Mr. Edmunds has been featured in numerous newspapers throughout the United States and appeared on national TV relative to his representation.
The Merit Systems Protection Board, also known as the MSPB, is an appeals board that allows federal employees to challenge certain decisions made by the federal agencies where they are employed or were once employed. The MSPB, an independent agency of the Executive Branch, is designed to adjudicate appeals by federal employees of actions that involve discipline, termination of employment, lengthy suspensions, demotions, whistleblower retaliation and more. During a requested hearing, federal employees will be given the opportunity to present evidence that actions taken against them were unwarranted.
- Those actions include:
- Suspensions over 14 days
- USERRA claims, even if you are in probationary status
- VEO claims, if you previously filed with the Department of Labor first
- Removals from federal service
- Unfavorable suitability determinations
- OPM denials of disability retirement actions
- Individual Rights of Appeals in Whistleblower Retaliation Cases
- Involuntary Retirements
- Involuntary Removals
- Demotions
- Reductions in pay
The Edmunds Law Firm has been representing clients throughout the United States for nearly 50 years. In many cases we have received national recognition. Mr. Edmunds has been featured in numerous newspapers throughout the United States and appeared on national TV relative to his representation.
Employees Who May Appeal Adverse Actions
- Competitive service employees who have completed their 1-year probationary period probationary or trial period;
- Excepted service employees, other than preference-eligibles, who are not serving a probationary or trial period and who have completed two years of current continuous service in the same or similar positions in a Federal Executive agency;
- Postal Service employees, including supervisors and managers, engaged in personnel work who have completed one year of current continuous service in the same or similar positions and;
- Veterans preference-eligible employees with at least one year of continuous employment in the same or similar positions outside the competitive service.
Why You Should Have Legal Representation:
Deciding whether to hire an attorney is an important decision in the MSPB appeal process because your federal government career is on the line. You have the right to be represented by a MSPB attorney during this complicated legal process. The Edmunds Law Firm has counseled and represented individuals before the MSPB decisions board for over 25 years. Please contact our office for a consultation regarding any potential MSPB appeal.
Cost of Representation
The Edmunds Law Firm is innovative and a leader in structuring retainers and payment plans for legal services for clients across the country. We also have limited-scope representation for individuals seeking only legal advice on narrow issues or for a limited period of time. Payment plans are available to all individuals and the law firm accepts credit card payment. Quality representation is deserved by all and should not be prohibited because of high legal fees. Our firm welcomes the opportunity to discuss cost of representation.
MSPB Protections
Merit Systems Protection Board Victories
Wrongful Termination Appeal – El Paso, Texas September 2020
Do you believe that you have been wrongfully terminated from your employment with Federal Service?
If you answered “Yes” to this question, the Edmunds Law Firm can assist you in appealing the removal decision to the Merit Systems Protection Board.
Recently our client was terminated after almost thirteen (13) years in Federal Service. He made one minor mistake in an attempt to act in good faith and was punished with the ultimate penalty of removal. Our client felt that being reinstated to his position with the Government would not be a good fit for him due to the treatment he received from the Agency during the removal process. Thus, the Edmunds Law Firm was able to negotiate with the Agency’s attorney to settle the case, which awarded the client a favorable letter of recommendation to seek employment elsewhere and an award of attorney fees to be paid to the client.
Don’t let the government end your career without a fight and put your livelihood in jeopardy. Call the Edmunds Law Firm today at 800.481.2526 to find out how we can help you.
Wrongful Termination Appeal — Philadelphia, Pennsylvania August 2020
Do you believe that you have been wrongfully terminated from your employment with Federal Service?
If you answered “Yes” to this question, the Edmunds Law Firm can assist you in appealing the decision to terminate you to the Merit Systems Protection Board.
Recently our client experienced disability discrimination from her Federal employer. She had followed the proper channels and requested a reasonable accommodation for her loss of vision to assist in her daily work duties. Her reasonable accommodation was never provided, and she was terminated on a charge of subpar performance.
She hired the Edmunds Law Firm to walk her through the process of filing an appeal with the Merit Systems Protection Board. Through this process, our firm was able to reach a favorable settlement agreement which allows the client to retire from the agency, apply and receive Federal Disability Retirement, and have the termination removed from her employment record. We were also able to recover a portion of the attorney fees the client had paid.
Don’t let the government discriminate against you and put your livelihood in jeopardy. Call the Edmunds Law Firm today at 800.481.2526 to find out how we can help you.
U.S. Transportation Security Agency — Settlement Agreement April 2020
Taking on the federal government can be extremely daunting, even when you know you have been wronged through a violation of personnel practice. Going up against a government attorney when your career is on the line can cause extreme stress and anxiety. These circumstances, coupled with complicated legal procedure and precedent, can lead to complications throughout your case. The Edmunds Law Firm has decades of experience litigating before the MSPB and is thoroughly prepared to advocate for you and your rights as a federal employee.
Our client was a high-level executive at his airport who faced problems with a newly appointed director. Through a lack of communication, oversight, and unacknowledged bad-faith, our client faced removal after a nearly 40-year career in federal service. Our client desired more than anything to move on from the experience and correct the black spot on his reputation.
With the help of the Edmunds Law Firm, our client was able to combat common pitfalls, including keeping his case before the Board in the face of a Jurisdiction Order and the Agency’s Motion to Dismiss. Ultimately, through mediation, we were able to facilitate our client’s retirement while maintaining his positive record of honorable service.
Don’t fight the federal government alone. With our decades of experience prosecuting federal department and agency wrongful adverse actions, the Edmunds Law Firm is equipped with all the tools necessary to serve you. Call us today at 800.481.2526.
Disability Retirement Reconsideration February 2020
Our client had been diagnosed with a plethora of ailments to include chronic pain, fibromyalgia, cervical DDD, spondylosis, sciatica, migraine headaches, and many others. As a result of these ailments, our client began having difficulty performing the essential duties of her position with the Defense Commissary Agency (DeCA).
Our client initially received accommodations only in the form of a stool or chair. As this accommodation did not resolve her problem, our client stopped working for DeCA and was placed on leave without pay status. Upon submitting the Disability Retirement Statement and Application, our client received a denial letter from the Office of Personnel Management. Our client was ultimately removed from her position with DeCA due to the alleged inability to perform her job duties.
After retaining the Edmunds Law Firm to fight for her, we were able to submit a Request for Reconsideration of Disability Retirement. Our firm was able to provide additional explanation and supporting documentation of our client’s disabilities to the Office of Personnel Management. On February 3, 2020, we received a favorable decision approving our client’s Disability Retirement Pay.
Don’t let the government push you around or ignore your disabilities and put your future in jeopardy. The Edmunds Law Firm has 43 years of experience helping clients resolve difficult Federal Employment issues. Call the Edmunds Law Firm today at 800.481.2526 to find out how we can help you.
Frequently Asked Questions About MSPB Appeals
No, you are not required to hire a lawyer for an MSPB appeal, but working with an MSPB attorney can help you avoid procedural mistakes and present the right evidence. The MSPB process has strict deadlines, technical filing requirements, discovery rules, motion practice, and hearing procedures that can be difficult to manage without legal guidance.
Many federal employees have valid concerns about removals, suspensions, demotions, or other adverse actions, but lose opportunities because they do not know what evidence the MSPB needs. For example, if you believe you were treated differently than similarly situated employees, you generally need more than a broad statement. You may need names, dates, job titles, agency actions, prior discipline, and specific examples showing unequal treatment.
Working with an experienced Merit Systems Protection Board attorney from the beginning can help you build the strongest possible record, meet required deadlines, and avoid losing your case because of a technical or procedural issue.
MSPB appeals are difficult, and many cases are dismissed before the Board ever reaches the facts of the dispute. That is why the success rate can look different depending on whether you count all filed appeals, settled cases, dismissed cases, or only appeals decided on the merits.
According to the MSPB FY 2024 Annual Report, regional and field offices decided 4,182 appeals. Of those, 70.6% were dismissed, 17.6% settled, and 11.8% were adjudicated. Among initial appeals adjudicated on the merits, 18.3% were reversed and 2.2% were mitigated or modified.
Those numbers show why procedure matters. A federal employee may have a strong argument, but the case can still fail if it is filed late, lacks MSPB jurisdiction, omits key evidence, or fails to respond properly to agency motions. Our MSPB lawyers help clients understand the strengths and risks of their case before they move forward.
The MSPB generally aims to adjudicate initial appeals within 120 days, but the actual timeline depends on the facts and complexity of the case. Some appeals move quickly, while others take longer because of jurisdictional disputes, discovery, motions, settlement discussions, hearing schedules, or post-hearing briefing.
During the appeal, both sides may exchange discovery, request documents, identify witnesses, respond to motions, and prepare for a hearing before an administrative judge. If a hearing is held, the timing of the decision may vary based on the record and the issues involved.
If your federal job, pay, reputation, or future employment is at risk, it is best to speak with an MSPB attorney as early as possible so your appeal can be prepared before key deadlines pass.
In most MSPB cases, you have 30 calendar days from the effective date of the agency action or 30 calendar days from the date you received the agency’s decision, whichever is later. Missing the filing deadline can result in dismissal, even if you may have had a valid claim.
Some types of appeals have different timing rules. For example, whistleblower, USERRA, VEOA, retirement, and other specialized claims may involve different procedures or prerequisites. Do not assume your deadline is flexible.
If you received a removal notice, suspension decision, demotion notice, reduction in pay, furlough notice, or other adverse action, contact an attorney immediately. Waiting too long can limit your options.
Winning an MSPB appeal starts with proving that the Board has jurisdiction and that your appeal was filed on time. If the MSPB dismisses your case for a procedural issue, the Board may never decide whether the agency’s action was fair or legally supportable.
You also need evidence that directly supports your position. Depending on the facts, that may include agency records, emails, performance reviews, witness statements, comparator evidence, medical documentation, disciplinary history, policy violations, or proof that the penalty was unreasonable.
A successful appeal may involve showing that the agency failed to prove its charge, violated required procedures, imposed an unreasonable penalty, treated you differently than other employees, retaliated against you, discriminated against you, or relied on incomplete or inaccurate information. When you consult The Edmunds Law Firm, we will give you an honest assessment of your case so you can make an informed decision about how to proceed.
Common actions that can be appealed to the MSPB include removals, suspensions of more than 14 days, reductions in grade or pay, and certain furloughs. The MSPB may also hear certain cases involving performance-based actions, suitability determinations, denials of within-grade increases, OPM retirement decisions, USERRA claims, VEOA claims, and whistleblower retaliation claims.
Not every workplace dispute is appealable to the MSPB. Some issues may need to be handled through another process, such as an EEO complaint, grievance procedure, Office of Special Counsel complaint, security clearance appeal, or another administrative remedy.
The best way to determine whether your issue belongs before the MSPB is to speak with an experienced MSPB attorney. If your employment issue also affects your clearance, federal standing, or future government work, you may also need guidance from a security clearance appeal lawyer.
If you are facing an adverse action or need to appeal to the Merit Systems Protection Board, contact The Edmunds Law Firm to discuss your options.
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