Experienced Albany MSPB Lawyer Representing Federal Employees in Upstate New York
For federal employees who have experienced unlawful adverse employment actions, seeking redress often involves filing an appeal with the Merit Systems Protection Board (MSPB). The MSPB enforces the federal merit systems principles, and it shares responsibility with the Office of Special Counsel (OSC) for handling complaints involving prohibited personnel practices (PPPs). At Bell Law Group, we help federal employees protect their legal rights, and if you need to file an MSPB appeal, an experienced Albany MSPB lawyer at our firm can represent you throughout the process.
We handle all types of MSPB appeals on behalf of federal employees in Albany and throughout Upstate New York. We provide free initial consultations, and we can file your MSPB appeal promptly if necessary (because strict deadlines apply).
When Can (and Should) You File an MSPB Appeal?
When can (and should) you file an MSPB appeal? From unjustified negative performance reviews to discriminatory adverse employment actions, federal employees (and former federal employees) can file MSPB appeals on numerous grounds. We recommend speaking with an Albany MSPB lawyer if you have questions about your legal rights related to any of the following:
Removal
If you were removed from the federal workforce in violation of a merit system principle or as the result of a PPP, you may be eligible for reinstatement and/or other remedies. Our lawyers can assess your legal rights and pursue an MSPB appeal on your behalf if warranted.
Suspension
The MSPB handles appeals of suspensions lasting more than 14 days. If you have been suspended as a form of disciplinary action or for poor performance, an Albany MSPB lawyer at our firm can determine if your legal rights have been violated.
Reduction in Grade
The MSPB also handles challenges to grade reductions. If you received a reduction in grade and believe that your grade reduction was unwarranted or discriminatory, our lawyers can determine whether you have grounds to take legal action.
Reduction in Pay
Our lawyers can determine whether you have grounds to take legal action for a reduction in pay as well. Unwarranted and discriminatory pay reductions can also provide clear grounds for federal employees to file appeals with the MSPB.
Denial of Disability Retirement Benefits
The MSPB also handles appeals involving the denial of disability retirement benefits. If you believe that you are entitled to receive these benefits but your claim has been denied, we can help. We handle MSPB appeals involving disability retirement denials under the Civil Service Retirement System (CSRS) and the Federal Employee Retirement System (FERS).
Whistleblower Retaliation
Several federal laws protect whistleblowers against retaliation in their employment. Whistleblower retaliation is a PPP, and it can provide clear grounds for affected federal employees to take legal action. We represent federal whistleblowers in MSPB appeals involving all forms of retaliation, from grade reductions and reassignments to termination of employment.
USERRA Violations
We handle MSPB appeals involving Uniformed Services Employment and Reemployment Act (USERRA) violations as well. If the federal government has violated your legal rights under USERRA, we want to help you, and we strongly encourage you to contact us today.
What To Expect: Filing an MSPB Appeal in Albany
While the MSPB exists specifically to ensure that federal employees can enforce their legal rights when necessary, filing a successful MSPB appeal can be challenging. There are several steps in the process, and federal employees must meet several substantive and procedural requirements in order to assert their legal rights effectively.
Here are some key facts about the MSPB appeal process:
- Strict Deadlines Apply – In most cases, federal employees (and former federal employees) must file an MSPB appeal within 30 days of experiencing an adverse employment action.
- Strict Filing Requirements Apply – All filings must strictly comply with the MSPB’s substantive and procedural requirements (including formatting requirements).
- You Must Thoroughly Prepare for Your MSPB Hearing – You may need to present your case at a hearing, and if so, you will need to be thoroughly prepared.
- You Can Challenge the Outcome of Your MSPB Appeal if Necessary – If you are unable to secure a just result from the MSPB, you can challenge the outcome of your appeal in court.
- The MSPB Isn’t There to Help You – The MSPB’s role is not to help you file your appeal successfully. To get help with your appeal, you will need to hire an MSPB lawyer.
While these are all key facts, this is far from everything you need to know when you are considering an MSPB appeal. To ensure that you can protect your legal rights and seek the remedies you deserve, you should consult with an experienced Albany MSPB lawyer promptly.
FAQs: Filing an MSPB Appeal in Albany
What types of federal employee actions are appealable to the MSPB?
The MSPB handles appeals involving violations of the federal merit systems principles and prohibited personnel practices (PPPs). This includes violations resulting in suspensions, removals and other adverse employment actions.
What is the deadline for filing a Merit Systems Protection Board appeal?
If you have experienced an unlawful adverse employment action as a federal employee, you must file an appeal with the MSPB within 30 days in most cases.
How does the MSPB process handle a “mixed case” appeal that includes both an appealable action and an allegation of discrimination?
The MSPB handles “mixed cases” differently depending on whether a federal employee (or former federal employee) initially contacts the MSPB or the U.S. Equal Employment Opportunity Commission (EEOC). Along with MSPB appeals, we handle EEO complaints as well, and we can help you make an informed decision about how and where to come forward.
Schedule a Free and Confidential Consultation with an Albany MSPB Lawyer Today
For more information about the grounds for filing an MSPB appeal and what to expect if you decide to take legal action, contact us today. Call 516-280-3008 or tell us how we can reach you online to schedule a free consultation with an experienced Albany MSPB lawyer at Bell Law Group.
