The Merit Systems Protection Board ("MSPB") is a quasi-judicial agency charged with protecting the integrity of the federal merit systems and the rights of individuals within those systems. One of the primary roles of the MSPB is to hear appeals of federal government employees who have been demoted, suspended or terminated on the basis of conduct or performance.
NATIONWIDE REPRESENTATION OF FEDERAL GOVERNMENT EMPLOYEES
BEFORE THE MSPB
The MSPB, under the Civil Service Reform Act, guarantees a formal due process to prevent federal employers from taking arbitrary, abusive or politically motivated actions against federal employees.
Federal employees have rights in investigations conducted against them by their employer.
Attorneys at Solomon, Maharaj & Kasimati typically represent clients before the MSPB in one of two types of cases. These are Individual Right of Action appeals from an Office of Special Counsel Prohibited Personnel Practices complaint and appeals from adverse disciplinary actions, which include suspensions for more than 14 days, demotions, and removals.
Both appeal processes are mostly similar. First, both the appellant and the Agency are entitled to collect discovery, which includes an opportunity to interview witnesses under oath. Following discovery, a pre-hearing conference, and pre-hearing submissions, there is an administrative hearing that largely resembles a civil bench trial.
To win an appeal, the appellant must meet certain legal standards by alleging and proving specific types of facts. Appellants can easily fall into a trap where they focus on proving a losing argument. For example, when alleging whistleblower reprisal, the appellant must show that their manager took action against them because of whistleblowing activity. Unfortunately, some appellants prove that their manager was abusive both before and after engaging in protected activity.
Our experienced attorneys provide the strategic, aggressive, and forceful advocacy required to successfully fight the Agency's arguments. Our attorneys have represented federal employees nationwide in every phase of MSPB proceedings.
Contact the attorneys at Solomon, Maharaj & Kasimati for a free consultation!