Maryland Merit Systems Protection Board (MSPB) Claims
If you are a federal employee, you may have questions about your rights as a civil service employee. Not only do you have the right to work in an environment free from unlawful discrimination, harassment, and retaliation, you could also have the Merit Systems Protection Board (MSPB) review any significant adverse action that your employer takes against you.
Maryland Merit System Protection Board (MSPB) claims can be complex and require specialized knowledge. If you are facing discipline on the job, it might pay to be proactive and consider getting legal help from an experienced federal employment lawyer. With a seasoned advocate from the Spiggle Law Firm on your side, you may be able to work to keep your employer from taking unfair or unjustified actions against that can have lifelong effects on your career.
Merit System Rights of Maryland Federal Employees
The MSPB is a federal board that is responsible for enforcing the Civil Service Reform Act. This law creates due process rights for covered employees, including:
- The right to get advance notice of disciplinary action
- A chance to respond to planned disciplinary action
- Meaningful opportunity to correct performance issues
- The right to receive help with alleged performance problems
- The opportunity to bring MSPB claims disputing disciplinary action
- The right to appeal MSPB decisions to federal court
If you are facing a Performance Improvement Plan (PIP) or have already received notice of proposed disciplinary action, you would be well-advised to learn more about the specifics of your rights. Bringing a timely MSPB claim could put a Maryland government employer in the position of demonstrating that its actions are justified and legal.
The MSPB Claims Process
The first formal step to bringing Merit System Protections Board claims in Maryland is filing an appeal on time with the MSPB within 30 days of the adverse action you wish to challenge. Filing this appeal initiates the MSPB review process and triggers a sequence of pre-hearing procedures. This will usually include a formal response from the employer, the right to conduct discovery by requesting documents and information from the employer, pre-hearing motions, and a final pre-hearing conference.
As a Spiggle Law Firm attorney could explain in further detail, the MSPB hearing itself is similar to a trial in a court, except for the fact that there is no jury involved. Instead, an Administrative Law Judge (ALJ) decides all legal and factual issues. During the hearing, which usually lasts one to two days, both sides have the chance to present witnesses, documents, and other evidence.
After the hearing, each side presents concluding arguments. While these will be oral in certain cases, the ALJ often requests written closing arguments. Following this stage, the ALJ will issue a final determination, usually several weeks after the hearing.
If the employee or employer disagrees with the ALJ’s decision, they could seek further review within the MSPB. Following that level of appeal, they have the right to file suit in court or, in some instances, with the U.S. Equal Employment Opportunity Commission (EEOC).
Get Legal Help with Maryland MSPB Claims
MSPB claims are often every bit as complex as federal litigation in court. Employees who proceed without an attorney may find themselves at a disadvantage against a well-represented government agency.
If you have concerns about your federal employment, hiring an attorney from the Spiggle Law Firm who understands the demands and intricacies of federal employee cases could help level the playing field and provide peace of mind as you navigate your particular concerns. Call today or use our free case review tool for more information about Maryland Merit System Protection Board claims and how we could help you with yours.