San Diego Merit Systems Protection Board Attorney Who Fights For Your Rights
Since 1992, San Diego Employment Attorneys Group has provided competent, highly-experienced legal representation to a vast number of federal employees and dealt with thousands of federal employment issues in the following areas:
- Lawsuits in the Federal Courts
- Federal Equal Employment Opportunity Commission (EEOC) hearings and procedures
- Federal Merit System Protection Board (MSPB) hearings and procedures
- Wrongful termination claims of all types
- Settlements of employment disputes
- Union grievances and arbitrations
- Representing employees in discipline procedures
- Unfair labor practices before the Federal Labor Relations Authority (FLRA)
- Polygraph examination issues
- Drug testing issues
- “Last chance” agreements
- Transfer issues
- Whistle-blower claims
- All types of discrimination, retaliation and harassment claims
- Failure to promote claims
- Claims of failure to accommodate disabilities
- Disability retirement claims
- Claims of misclassified employees
- Wage and hour claims
- Security clearance matters before the Defense Office of Hearings and Appeals (DOHA) and otherwise
- Employment-related legal advice and guidance
Since its founding in 1992, the firm has represented well over 5,000 clients, nearly all of whom have had employment law cases.
Understanding The Merit Systems Protection Board
The Federal Merit Systems Protection Board (MSPB) serves as an independent and neutral judge. This quasi-judicial agency receives and presides over appeals filed by federal employees who believe their termination, demotion or suspension is unfair. By listening to the accounts of employees and government agencies, the MSPB ensures that the government treats its workers fairly.
Moreover, the MSPB protects whistleblowers who have experienced retaliation by their agency. Members of this group aim to keep politics out of the federal workforce by conducting studies of the federal civil service, verifying whether the regulations of the Office of Personnel Management (OPM) align with the merit principles.
Presenting An Appeal To The MSPB
The MSPB only entertains appeals that are based on unjust personnel practices, which include:
- Major adverse actions: Removals, suspensions of more than 14 days, demotions and short-term temporary layoffs
- Performance-based actions: Removals or demotions due to unacceptable performance instead of misconduct
- Whistleblower retaliation: Revenge actions that occur after reporting illegal activity
- OPM decisions: Denials of disability retirement eligibility and disputes over retirement annuity calculations
In all these instances, the Board acts as a vital safety net, ensuring federal agencies cannot upend an employee’s life without meeting a strict burden of proof and providing due process. Working with the firm’s MSPB attorney can be the guidance you need to draft an appeal.
The Strict Deadlines You Must Follow When Filing An MSPB Appeal
Timing is critical when filing an appeal with the MSPB. You must accomplish this within 30 calendar days of either the effective date of the agency’s action or the date the employee received the agency’s final decision, whichever comes later.
The 30-day window includes weekends and holidays. If the final day falls on a weekend or a federal holiday, the deadline extends to the next business day. Failing to file within this window, the MSPB will have to dismiss your appeal. They may consider your late filing, provided that you can prove an unavoidable reason for the delay.
MSPB appeals are fast-paced and involve high stakes. At San Diego Employment Attorneys Group, an MSPB attorney can provide a swift assessment of your case and help you gather vital evidence to support your appeal.
Call For A Free Consultation
If you would like to discuss your matter with a highly experienced MSPB lawyer at no charge, you may call our offices at 619-528-2530 or reach out online using our online contact form to set up an appointment.