Virginia MSPB Process

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While federal laws set out processes for disputing employment actions and for contesting discriminatory actions, understanding how to go about filing a Merit Sytems Protection Board (MSPB) claim can be difficult. Instead of trying to interpret the law on your own after facing unfair treatment at work, consider contacting a hard-working attorney from the Spiggle Law Firm for assistance understanding federal employment laws and the Virginia MSPB process.

Federal Civil Service Rights and the MSPB

Civil employees in the federal sector have many employment rights, many of which are chiefly protected by the Civil Service Reform Act. This federal law establishes processes for employees to contest adverse employment actions. It also created the Merit Systems Protection Board (MSPB), which is a government body that is responsible for protecting and enforcing civil service rights.

Significant rights of federal employees in Virginia include:

  • The right to receive advance notice of any disciplinary action
  • The right to improved alleged performance deficiencies
  • The right to challenge contested employment actions through an administrative process and in court

It should be noted, though, that this is simply a summary of this significant legal structure. If you need help with a specific federal employment issue, you could benefit from seeking out personalized guidance from the Spiggle Law Firm.

MSPB Appeals for Virginia Employees

When a government worker wishes to dispute an employment action, they generally must submit an appeal to the MSPB within thirty days of the effective date of the employment action they are disputing. When a case involves allegations of discrimination or another equal employment opportunity (EEO) right, employees may alternatively pursue their case beginning with their agency’s EEO process.

Filing an MSPB appeal typically leads to a hearing with an Administrative Law Judge (ALJ). Before the hearing, the case may go through a discovery stage. During this hearing, the employee can access information, data, documents, videos and other potentially relevant information.

There is often also the opportunity to get information regarding witnesses and file pre-hearing motions. Some cases are straightforward and streamlined, while others may raise complicated legal or factual issues that could make the entire process last longer.

Once the ALJ hears a case, both sides would have the chance to introduce evidence and cross-examine their opponent’s witnesses. After the hearing, the ALJ generally allows for written or oral closing arguments and then issues a memorandum with their findings for the case.

If the ALJ rules in the employee’s favor, the government has a period in which to implement the judge’s order. If the government disagrees with the findings, then it must file an appeal for further review.

Alternatively, the employee has the right to submit a Petition to Review with the MSPB if they disagree with the ruling. They could then file suit in federal court or submit their case to the U.S. EEOC in cases that involve illegal discrimination. An experienced Virginia attorney could advise you about what actions may be most effective for your specific MSPB process.

Factors to Consider When Pursuing the MSPB Process in Virginia

Federal agencies employ hundreds of attorneys who focus on defending the government against employment claims day in and day out. Getting the help of an experienced federal employment lawyer may be one of the smartest things you could do if the need arises to dispute unfair or unlawful employment actions.

Many federal sector employees find that working with a seasoned attorney from the Spiggle Law Firm could give them an advantage within the Virginia MSPB process compared to proceeding alone. Use our online case review tool to learn more about what could be possible in your case.