Washington, D.C. MSPB Appeals Lawyers

The US Merit Systems Protection Board handles appeals for “adverse actions,” or any kind of disciplinary action against an employee like removal. A removal action is one that formally terminates your employment.

Every federal agency specifies prohibited behaviors of misconduct leading to possible removal. Such misconduct may be criminal, such as sexual harassment, or egregiously falsifying documents, while others may be less obvious, such as taking an absence without leave or insubordination. For some federal employees, behavior outside of work like gambling or arrest may also constitute misconduct. 

Employee misconduct investigations are usually carried out by the agency’s inspector general or the internal affairs department. Unfortunately, the goal of these investigations is really to elicit a confession or find contradictory evidence that can be used against you to justify the disciplinary removal action. It is in your best interests to consult an experienced lawyer about an investigation you are undergoing and your legal options for appealing a resulting removal action.

Filing an Appeal

To commence an MSPB appeal, you must file an appeal in writing with the MSPB’s regional office serving the area where your duty station was located at the time of the removal action. An appeal must be filed within 30 calendar days of the date of the action or within 30 calendar days of the date you received the agency's decision, whichever is later. 

The agency that made the removal action has the burden of proving that the action was justified. If the agency meets its burden of proof, the MSPB may decide in their favor unless you show that there was a harmful error in the agency's procedures, that the agency decision was based on a prohibited personnel practice, or that the decision was not in accordance with the law. You also have the burden of proving that your appeal is within the MSPB’s jurisdiction and that your appeal was timely filed. 

How To Win AN MSPB Appeal

Below are some tips on how to appeal an adverse action such as a removal, termination, demotion, or suspension:

• Consult with skilled Washington MSBP attorneys at Pitre & Associates. Your initial consultation is free of charge and have thorough experience with the MSBP appeals process. Call (202) 759-6544 to learn more.
• Review the material that was used to make the decision on your case. Knowing the information that was used against you will help you build a solid case against the agency that took adverse action against you.
• Do not miss the deadline to file your appeal. You have 30 days from the date the action was taken against you to file an MSPB appeal.
• Make sure you file the proper form with the correct office. You must file your appeal with the duty station where the action took place. The jurisdiction of offices may change, so be sure to check in with Appendix II of Part 1201 of the Board’s regulations.
• Ensure that all of the information on your appeal is correct. Mistakes in your appeal form can cause a delay or even a denial of your appeal. Our Washington MSBP appeals attorneys at Pitre & Associates are glad to assist with this.
• Tell a good story through your appeal. Our MSPB attorneys can also help with this -- with our years of experience, we know how to tell your side of the story in a compelling manner.
• Request relevant information. Do not assume that the agency will provide all of the information available regarding your case. Making a discovery request may help you uncover more details that will help you win an MSPB appeal.
• Submit relevant documents before your MSPB hearing. Even if you do not use all the documents, submit any relevant information with your prehearing submission. If you do not have enough proof for your appeal, then it is likely that you will not be able to succeed.

Let a Reputable MSPB Appeals Lawyer Help You Today

You may feel like you have been treated unfairly to have received a removal action. Perhaps the removal feels unjustified, such as if a retaliatory co-worker accuses you of something you didn’t do or if your co-workers are not being held to the same standard of appropriate conduct. In such a case, you have the right to appeal your employer’s removal action.

Whatever stage of the MSPB appeals process you are at, the MSPB lawyers at Pitre & Associates can help. They have protected several federal employees from removal and suspension and have cultivated a strong reputation for success among clients and other lawyers. The firm provides comprehensive MSPB appeals services and will do its best to protect your employment rights in the face of a removal action. 

Schedule a free consultation with Pitre & Associates at (202) 759-6544 to get started. Do not hesitate to take legal action when you are being threatened with removal.