How to File an MSPB Appeal

The Merit Systems Protection Board (MSPB) is an independent agency in the federal government that provides an avenue for federal employees to appeal adverse personnel actions such as removal, suspension, demotion, or a reduction in pay. If you are a federal employee and have received an adverse employment decision, it is important to understand your rights and the MSPB appeals process.

The MSPB appeals process is intended to ensure that federal employees are treated fairly and that their rights are protected. The process can be complex, and it is recommended that individuals seek the assistance of an attorney with experience in MSPB appeals. An experienced Alexandria employment lawyer from The Spiggle Law Firm can guide you through the process, help you understand your options, and work to protect your rights with compassion and care.

What Is an MSPB Appeal?

An MSPB appeal refers to the process of appealing an adverse employment decision made by a federal agency against an employee or applicant for federal employment.

Throughout the appeals process, the MSPB will consider evidence and arguments from both the employee and the agency before making a decision on the appeal. The MSPB has the authority to uphold, modify, or reverse the agency’s decision and can also order corrective action, such as reinstatement, back pay, or other relief.

To file an MSPB appeal, an employee or applicant must follow specific rules and procedures and meet certain deadlines. 

6 Steps for Filing an MSPB Appeal

Filing an appeal with the Merit Systems Protection Board is a formal process that must be done in accordance with specific rules and procedures. Here are the general steps to follow:

  1. Gather documents: Collect all documents related to your case, including the agency’s initial decision, any supporting documents, and any relevant correspondence.
  2. Determine the deadline: The deadline for filing an appeal is 30 calendar days from the date of the agency’s decision. Calculate the deadline carefully to ensure that you don’t miss it.
  3. Complete the appeal form: Fill out Form MSPB-185, also known as the Appeal Form. The form is available on the MSPB’s website. Be sure to fill out all the required information accurately.
  4. Draft the appeal: Draft a written appeal that explains why you believe the agency’s decision was incorrect. Be clear and concise, and support your arguments with evidence.
  5. Submit the appeal: Submit the form to the MSPB. You can file your appeal by mail, fax, or online through the MSPB’s e-Appeal Online system. Be sure to include all supporting documents and a copy of the agency’s decision.
  6. Wait for a decision: The MSPB will review your appeal and issue a decision. The time it takes to receive a decision can vary, so be patient.

If you have any questions or concerns about the appeal process, you can contact the MSPB for assistance. It’s also a good idea to consult with an employment attorney in Alexandria, VA who has experience in MSPB appeals.

File an MSPB Appeal with the Help of an Experienced Employment Law Attorney in Alexandria, VA

There are specific rules and procedures that must be followed when filing an MSPB appeal. It is important to consult with an employment lawyer as soon as possible after receiving an adverse employment decision to ensure that you do not miss any deadlines and that your appeal is filed properly.

In addition to helping you with the MSPB appeals process, The Spiggle Law Firm team can also provide advice and representation in other areas of federal employment law, such as discrimination, retaliation, and whistleblower claims. If you are a federal employee facing an adverse employment decision, do not hesitate to contact us for assistance. Call (202) 449-8527 or fill out our contact form for more information.

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