Merit Systems Protection Board

You may have special rights in connection with those personnel decisions that negatively impact you when you work for the federal government. You should be protected against arbitrary or unjust decision-making at your federal job. The Civil Service Reform Act of 1978 allows many federal employees to appeal personnel decisions.. As a federal employee, you should not assume your employer will safeguard your rights in the workplace, even when it comes to rights available under federal law. In fact, your employer's interests may not be perfectly aligned with your own. This is why it is so important to consult experienced Washington D.C. federal sector discrimination lawyer Matthew T. Famiglietti, if you believe you may need to go before the United States Merit Systems Protection Board (MSPB).

The MSPB is an agency based within the executive branch of the government. It is located in Washington D.C., though it also has offices in other major cities. The Board is made up of three members that the President appoints. These seats are subject to Senate confirmation. Each Board member serves seven-year terms. Only two of these Board members may share an affiliation with a particular political party.

The Civil Service Reform Act empowers the Board to hear certain appeals. However, you may be appeal other decisions under the Office of Personnel Management regulations. Not every action you face in the workplace can be appealed to the Board; this is why it is crucial to retain a seasoned lawyer who regularly brings federal claims.

You may have appeal rights with the MSPB if you are:

• A Postal Service supervisor or manager.
• You are an employee in the competitive service who has completed a year-long probationary period or a single year of current continuous service, under something other than a temporary appointment restricted to a year or less.
• An employee eligible under veterans’ preference who has a minimum of one year of continuous employment outside the competitive service, or an excepted service employee not working through a probationary or trial period, under certain circumstances.

The MSPB hears complaints of discrimination connected to personnel decisions. Most of the cases that can be appealed to the MSPB involve adverse work decisions taken by federal agencies, such as reductions in pay or grade, removals, or suspensions of more than 14 days. You may be able to appeal a furlough of up to 30 days, a reduction–in–force action, and Office of Personnel Management suitability determinations. If you face discrimination that is not within the MSPB jurisdiction, you may be able to pursue your claim through the Equal Employment Opportunity Commission (EEOC).

You may not be able to appeal certain decisions to the board. Even so, you should consult us because you may be covered by agency grievance procedures or the ability to appeal to the Office of Personnel Management.

If you are a member of a bargaining unit that a union represents, you may be subject to a negotiated grievance procedure that is already in place. Often this process covers personnel decisions that could be appealed to the Board, if the agreement were not in place. You may be able to choose between an appeal to the MSPB or instituting a grievance.

If the federal agency you work for takes an appealable action against you, it should provide you with a notice regarding the time limits for appealing to the Board, along with other appeals information. This will allow you to seek legal representation. The agency should also notify you that you have a right to file a complaint with the EEOC, if you do.

If you believe you may have a claim before the Merit Systems Protection Board in Washington D.C. you should discuss what happened to you with our knowledgeable employment discrimination attorney Matthew T. Famiglietti. Mr. Famiglietti represents federal workers in D.C., Virginia, and Maryland. Complete our online form or call the Law Office of Matthew T. Famiglietti at (202) 669-5880.

Please note, there is a consultation fee for any calls related to this practice area.