Federal Merit Systems Protection Board (MSPB) Cases
Most federal employees are entitled to a Merit Systems Protection Board (MSPB) hearing if they have been wrongfully terminated or suspended for more than 14 days for alleged misconduct or poor performance. Federal Employees who also believe they have suffered employment discrimination in their termination or suspension may, in some cases, file an MSPB “mixed-case” appeal.
San Diego MSPB Lawyers Serving California And Nationwide
San Diego Employment Law Group provides highly experienced legal advice and representation to federal employees in Federal Merit Systems Protection Board (MSPB) hearings. Having represented countless employees of the federal government, the firm is deeply familiar with the legal and administrative aspects of MSPB hearings and enjoys a strong track record of achieving success for its clients.
MSPB Hearings: File A Case Within 30 Days
Most Federal Employees have a right to file an MSPB appeal within 30 days following the effective date of termination or a suspension of more than 14 days. San Diego Employment Law Group files the appeal, prepares the employee’s case, gathers evidence, obtains depositions of responsible management officials, obtains written discovery, takes steps to prepare the employee for the MSPB hearing and represents the employee at the hearing. The hearing is actually an administrative trial before the administrative judge of the MSPB.
Often, a settlement can be achieved with the agency prior to the hearing. However, if the hearing proceeds, a judge will make a decision. If a discharged employee is successful, he or she may be reinstated with back pay, benefits and other damages. Sometimes, the employee’s agency can be required to pay the employee’s attorney fees. In mixed cases involving discrimination, the employee may receive to up to $300,000 in compensation for emotional damages, as well as attorney fees and other costs.
If the employee is dissatisfied with the result, he or she can appeal the decision to the federal appeals court or, in mixed cases, to the appropriate U.S. district court.
Call For A Free Consultation
If you would like to discuss an employment law matter with a highly experienced attorney at no charge, you may contact our offices at either 619-528-2530, (858) 481-4956 or (760) 431-2010 to set up an appointment. San Diego Employment Law Group has offices in San Diego’s Mission Valley, Del Mar Heights and in Carlsbad, California.