Merit Systems Protection Board (MSPB) Appeals
Federal employees have the right to appeal certain personnel actions (most notably, adverse actions) to the Merit Systems Protection Board (MSPB). The MSPB is an independent, quasi-judicial agency that is charged with protecting merit systems principles and adjudicating employee appeals over certain types of personnel actions. MSPB appeal rights are a cornerstone of federal job protection.
If you have been the subject of a personnel action that you believe may be appealable to the MSPB, reach out to me to discuss how I can utilize my federal employment law experience to assist. You can also learn more about MSPB appeals in the question-and-answer section below and by visiting the Tyler Employment Law blog.
Questions & Answers with Emily
What types of personnel actions can be appealed to the MSPB?
Commonly known actions that can be appealed to the MSPB include the following:
Removals (based on either performance or conduct),
Suspensions over 14 days,
Reductions in grade or pay (based on either performance or conduct),
Furloughs of 30 days or less,
Denials of within grade salary increases,
Reduction in force actions,
Termination of probationary employees under certain circumstances,
Office of Personnel Management (OPM) decisions on retirement matters, and
Individual Right of Action (IRA) appeals for reprisal for protected whistleblower disclosures; however, you must first file a complaint with the Office of Special Counsel (OSC) before you can file an IRA appeal. The exception is if the reprisal action could be appealed to the MSPB on its own (for example, if the reprisal action is a removal, you would not need to go to OSC before you file an appeal).
Please be aware that this is not an exhaustive list of actions that can be appealed, but it includes the actions that you may be most familiar with.
Review the following sections for more information on the actions listed above: Disciplinary and Adverse Actions, Workforce Reshaping, Terminations, and Whistleblower Protection.
Should my agency tell me if they are taking an action that is appealable to the MSPB?
Yes! If the government is taking an appealable action against you, they must notify you that the action is appealable and tell you the time limit to submit an appeal. They must also notify you of any rights you have under an administrative or negotiated grievance procedure, whether you must choose between those options (MSPB or grievance), and the effect of your choice. They must also notify you of any right to file a complaint with the Equal Employment Opportunity Commission (EEOC).
Review the following sections for more information on these alternative avenues of redress: Grievances and EEO Complaints.
How long do I have to file an appeal after I receive an action?
In most cases, you have 30 calendar days from the effective date of the personnel action or 30 calendar days after receipt of the agency's decision (whichever is later) to file an appeal; however, your decision letter should specify your specific timeframe for filing an appeal.
It is important that you act quickly to preserve your appeal rights!
Can I be represented by an attorney at the MSPB?
Yes! An employee may be represented at the MSPB by any person who is willing and available, or an employee may choose to represent themselves. Employees often choose to work with an attorney who has experience with federal employment law on their MSPB appeal.
How do I actually file an appeal?
MSPB appeals are generally filed online (https://e-appeal.mspb.gov/), but they may also be filed via mail, fax, or personal delivery. It is important to ensure you file your appeal in advance of the filing deadline to preserve your right to contest the action.