MSPB Attorneys - Leitner Varughese Warywoda Law

What Is the Merit Systems Protection Board and How Can It Help Me?

The Merit Systems Protection Board (MSPB) is an independent, quasi-judicial agency in the Executive Branch which serves as the guardian of federal merit system principles. More specifically, federal employees have distinctive rights and protections under the Civil Service Reform Act of 1978, which include the right to appeal a variety of adverse personnel actions to the MSPB court.

Who Can File an Appeal Before the MSPB?

Not all federal employees are eligible to file appeals before the MSPB, and not all who can appeal to the MSPB are federal employees. In some instances, applicants for certain non-political appointments who do not get a job because of a federally-protected or state-protected characteristic may be able to appeal that failure to hire. Political appointees are often excluded.

How Do You File an MSPB Appeal?

All motions for appeal before the MSPB must be in writing and signed by the applicant. When sending appeal applications, you can mail, fax, hand-deliver, e-file, send them via overnight delivery to the Board’s regional or field office servicing the area where you live (for final retirement or suitability decisions).

What Happens During an MSPB Hearing?

Not all MSPB appeals hold in-person hearings, however all applicants have the right to request a hearing on the merits. This hearing is similar to a traditional civil court hearing. Applicants present evidence and solicit witness testimony to demonstrate that an employer’s actions were illegal or violated federal regulations.

What Will You Need to Prove In Order to Prevail During an MSPB Appeal?

Before your appeal can start, you must prove the MSPB has jurisdiction over your claim. You must also prove you submitted your filing within the 30-day deadline. Additionally, applicants must prove any affirmative defenses you may raise in response to your former employer’s arguments. Conversely, your employer must prove there was justification for the adverse employment action.