Merit Systems Protection Board (MSPB) Process in Richmond
The Merit Systems Protection Board, or MSPB, acts a watchdog to protect employees from prohibited employment practices. With a goal of establishing a diverse federal workforce that is fairly and effectively managed, the MSPB investigates allegations of unlawful employment practices, reviews actions taken by the Office of Personnel Management, and conducts merit systems studies.
To individual workers, however, the most tangible way that the MSPB fulfills its mission is through the adjudication of employee appeals. Employees who believe they have been subject to prohibited practices may take advantage of the Merit Systems Protection Board (MSPB) process in Richmond with the help of a seasoned employment law attorney from the Spiggle Law Firm.
Jurisdiction of the MSPB
The Merit Systems Protection Board can only adjudicate matters over which the agency has been granted jurisdiction. According to US Code of Federal Regulations Title 5 §1201.2, the MSPB has original jurisdiction in certain limited circumstances such as actions brought by Special Counsel in relation to violations of the Hatch Act, requests for stays of certain company actions, and informal hearings about performance-related removals in the Senior Executive Branch.
The MSPB is authorized to exercise appellate jurisdiction in many more circumstances and often hears appeals issued by other agencies. Most of the cases brought before the MSPB concern agency actions that have an adverse effect on the careers within the Federal Merit System. For example, suspensions, extended furloughs, removals, or reductions in grade or pay may be investigated by the MSPB. This agency can also hear disputes about retirement matters.
However, the MSPB cannot hear discrimination cases unless the issues relate to an adverse action or other activity within the Board’s jurisdiction. Before beginning the Merit Systems Protection Board Process in Richmond, it is advisable to have an experienced legal advisor to review the situation to determine whether it is within the MSPB’s jurisdiction.
Filing an Appeal
Employees seeking to file an appeal with the MSPB may use the agency’s online application system or download an appeal form and send it through the mail themselves. Regardless of the format, a request must be made in writing and contain the required information according to federal regulations, which can vary depending on the type of appeal.
In most cases, US C.F.R. Title 5 §1201.24 requires an applicant seeking to initiate the Merit Systems Protection Board (MSPB) process in Richmond to include their attorney’s and agency’s contact information, a description of the action taken by the agency, when the incident occurred, and the suspected reason for the agency’s misconduct. You would also need to list the actions you want the judge to take as well as information about any grievance or formal discrimination complaint filed about the issue.
Regardless of whether you request a hearing in this application, it will also need to include a copy of the notice of proposed action or agency decision – if there is one. You should also sign the appeal form to legitimize it.
Legal Deadlines in the MSPB Process
To succeed with the Merit Systems Protection Board (MSPB) process in Richmond, you must file an appeal within the allotted time-frame. Workers must usually file an appeal within 30 days of the adverse action, but deadlines vary according to the type of appeal. However, for someone filing a whistleblower appeal after having previously filed a complaint with the Office of Special Counsel, the appeal deadline is 60 days after receiving an OSC notice. Other time limits apply for VEOA appeals and appeals of certain actions in the Department of Veterans Affairs, and there is no deadline for filing USERRA appeals.
Get Help with the Merit Systems Protection Board Process in Richmond
An employee attempting to appeal a decision should work with an experienced attorney who understands the process and can help them build a persuasive claim. Qualified legal counsel could guide you through the Merit Systems Protection Board (MSPB) process in Richmond and advocate for a favorable outcome on your behalf, so call today to get started. To check out our free case assessment calculator, click here.