Merit Systems Protection Board (MSPB) Process in Reston

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The Merit Systems Protection Board is a federal agency that investigates accusations of prohibited employment practices, conducts merit systems studies, and reviews major actions taken by the Office of Personnel Management.

The Merit Systems Protection Board (MSPB) process in Reston allows employees to seek redress when they have been subjected to unlawful adverse treatment from their bosses. Many aggrieved workers find it helpful to work with an experienced employment law attorney from the Spiggle Law Firm throughout the process.

Filing a Formal Complaint

Federal employees who wish to file a formal complaint about employer misconduct should prepare the necessary information described in Code of Federal Regulations §5-1201.24. Those filing a claim through the MSPB process in Reston will need:

  • A description of the alleged prohibited action and the date it took place
  • A statement explaining why the action is believed to be wrong
  • The remedy requested
  • The names and contact information for the employee and their attorney
  • Information about any grievances or complaints which have already been filed about the action
  • A notice of proposed action, agency decision, or personnel action when applicable
  • Signature of the worker or their representative

Appealing a Decision

Workers in the federal sector who reach an unfavorable outcome with their initial charge for discrimination may file an appeal within 30 days of the agency’s decision. Otherwise, alternative dispute resolutions are available to help employees settle a disagreement with their bosses in a controlled setting before a mediator.

For certain types of appeals, the filing deadlines may be substantially different. An appeal based on the Veterans Employment Opportunities Act, for example, must be filed with the Secretary of Labor. Employees can only file an appeal using the MSPB process in Reston after 60 days have passed. Otherwise, they would have 15 days to file an appeal after the Secretary issues a notice stating that they are unable to resolve the issue.

Alternatively, appeals involving the Uniformed Services Employment and Reemployment Rights Act are not subject to any time limits. Any appeal may be filed through the MSPB’s e-Appeal Online website, or an employee may download the form and file by mail, fax, or in-person delivery. Email appeals will not be accepted by the MSPB.

After an Appeal is Filed

The administrative law judge assigned to your appeal will issue an Acknowledgement Order to you and your employer. This order will ask the agency to explain why it issued an unfavorable decision.

The judge usually conducts a prehearing conference to clarify the issues under contention and subsequently makes a decision. If either party is dissatisfied with the results, they may continue to pursue the MSPB process in Reston by filing another petition for review.

Let an Attorney Help You with the Merit Systems Protection Board (MSPB) Process in Reston

Employees who wish to challenge an agency’s decision on whether to hold a business owner accountable for unlawful employment practices may file a petition with the U.S. Federal Court of Appeals within 35 days. Administrative hearings and federal court appeals are complex proceedings with strict procedural rules. For this reason, it is advisable for anyone pursuing the Merit Systems Protection Board (MSPB) process in Reston to seek guidance from an experienced legal representative. Call our firm today or use our no-cost online case assessment tool to get started.