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IRA Appeals

Washington, D.C. Federal IRA Appeals Attorneys

Advocating for Federal Employees Successfully for 17 Years

Pitre & Associates, LLC provides comprehensive employment law services to federal workers all across the country. The attorneys at the firm handle a range of federal appeals, including Individuals Rights of Action (IRA) appeals, which are filed with the Merit Systems Protection Board (MSPB). Throughout their years of practice, the lawyers at Pitre & Associates, LLC have prevented multiple removal actions and suspensions of federal employees. IRA appeals deal with legally protected whistleblowing activity, which is a right every employee has. If you seek to appeal your employer’s retaliatory actions for you through an IRA appeal, Pitre & Associates, LLC is the law firm for you.

Schedule a free initial consultation with the firm online or call (202) 759-6544 to get started. We represent employees in Northern Virginia and Southern Maryland.

What Is an Individual Right of Action Appeal?

An Individual Right of Action (IRA) appeal essentially concerns whistleblower retaliation. In the context of federal public employment, the Whistleblower Protection Act (WPA) grants you the right to appeal a personnel action taken in retaliation for whistleblowing or other protected activity to the Merit Systems Protection Board (MSPB).

How to Qualify for Filing an IRA Appeal

To be eligible to file an IRA appeal with the MSPB, you should first file a “prohibited personnel practice” (PPP) complaint with the US Office of Special Counsel (OSC). If the OSC has not taken corrective action in 120 days, you can then file an IRA appeal with the MSPB. 

The IRA process also expands the range of personnel actions taken in response to whistleblowing or other protected activity that can be appealed, including:

  • Decisions affecting your pay, benefits, or awards
  • Appointments or promotions
  • Reinstatement, restoration, or reemployment
  • A detail, transfer, or reassignment
  • A specific performance evaluation
  • Implementations or enforcements of a nondisclosure policy, form, or agreement
  • Orders for psychiatric testing or examination
  • Decisions concerning education or training (if the education or training may lead to an appointment, promotion, performance evaluation, or other personnel action)
  • Any other significant change in duties, responsibilities, or working conditions

How to File an IRA Appeal

As mentioned above, to initiate an IRA case, you must first file a complaint with the OSC to exhaust all your administrative remedies before appealing to the MSPB. After the OSC, you can then file your IRA appeal and can expect the Administrative Judge assigned to your case to issue an Order to Show Cause. You will typically be given 10 days to respond, during which you will need to provide evidence showing that you have experienced retaliation for whistleblowing. For guidance in your appeal, do not hesitate to reach out our skilled IRA appeals attorney in Washington, D.C.

Why Choose Pitre & Associates?

  • Expertise

    Our attorneys bring over 15 years of experience in federal employment law, specializing in complex legal matters like discrimination, wrongful termination, and whistleblower protections. We are committed to staying at the forefront of legal developments to provide the most effective strategies for our clients.

  • Results

    Our attorneys have successfully negotiated over 8 million dollars in compensatory awards and attorney fees for clients. We’ve also prevented the removal and/or suspension of several federal employees, demonstrating our ability to achieve favorable outcomes. See our News and Case Successes for more details.

  • Reputation

    Pitre & Associates, LLC and its attorneys have maintained an impeccable record with no complaints to the DC Bar or negative reports to the Better Business Bureau. Our reputation reflects our commitment to professionalism, ethical standards, and high-quality service for every client.

  • Reliability

    Pitre & Associates, LLC has built a reputation for trust, earning the confidence of nearly every client we represent. Our personalized approach makes clients feel valued, and we take great pride in achieving high levels of satisfaction by focusing on their unique needs and providing exceptional service.

What Evidence do I Need to Prove My Appeal?

In any whistleblower appeal, you will have the burden of proving by a “preponderance of the evidence” that your whistleblowing activity was a contributing factor in the personnel action threatened or taken against you. One example of how you might prove this is to show that the official taking the personnel action knew about the whistleblowing and acted against you during a reasonable time that would suggest reactionary retaliation. Your employer might combat your accusations by saying they would have taken the same personnel action even if you did not engage in whistleblowing, but the standard of proof for them will be higher. You will also be required to show that you already approached the OSC.

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