For federal employees who need to challenge removals, suspensions, and various other unfavorable employment-related decisions, filing a complaint with the Merit Systems Protection Board (MSPB) is often the first step toward asserting their legal rights. The MSPB is an independent agency within the Executive Branch that is responsible for resolving disputes involving the federal Merit System Principles (MSPs) and Prohibited Personnel Practices (PPPs). Current and former federal employees can file complaints with the MSPB in various circumstances, and consulting with an experienced New York MSPB attorney is a key first step.
When you are considering an MSPB complaint, it is important to understand the potential outcomes of the process. Not only will this allow you to make informed decisions about your next steps, but it will also allow you to make informed decisions at every step along the way.
3 Potential Outcomes of a Federal MSPB Complaint
So, what are the potential outcomes of a federal MSPB complaint? Broadly speaking, the potential outcomes of an MSPB complaint fall into three categories:
1. Reversal of the Agency’s Decision (with Appropriate Remedies)
The first possible outcome is a reversal of the agency’s decision. When the MSPB has jurisdiction over a dispute, it has the authority to require the agency involved to take action consistent with the employee’s (or former employee’s) legal rights.
Along with completely reversing an agency’s decision, the MSPB also has the authority to award a partial reversal. For example, the MSPB may determine that a suspension is warranted rather than the employee’s permanent removal from the federal workforce.
When the agency reverses (or partially reverses) an agency’s decision, it can award additional remedies as well. As a result, an employee (or former employee) who files a successful MSPB complaint may be awarded one or more of the following:
- Cancellation of the agency’s action and reinstatement of the employee
- Placement in the correct employment position within the federal government
- Reduced penalties (i.e., suspension instead of removal)
- An award of back pay and benefits
- Additional damages for the financial and non-financial consequences of the agency’s wrongful action
As a federal employee (or former federal employee), you have the ability to choose what remedies you want to seek when filing a complaint with the MSPB. If you hire an experienced New York MSPB attorney to represent you, your attorney will help you decide what remedies to seek based on the specific circumstances of your case.
2. Affirmation of the Agency’s Decision
The second possible outcome is an affirmation of the agency’s decision. If the MSPB fully sides with your agency (or former agency), it can simply leave the agency’s decision intact. If the MSPB affirms your agency’s (or former agency’s) decision, you will have a time-limited right to file an appeal—as discussed in greater detail below.
3. Settlement Between the Parties
The third possible outcome of an MSPB complaint is a settlement between the parties. Federal agencies can (and do) settle with employees who file complaints involving allegations of discrimination, nepotism, and other MSP and PPP violations. The specific terms of settlements in MSPB cases can vary widely, and as an employee (or former employee), it is up to you to decide what you are willing to accept in order to move on.
This is another area where an experienced New York MSPB attorney can help you make informed decisions. If you decide that you are willing to consider a settlement, your attorney can open settlement negotiations and work to secure a favorable offer on your behalf. If a settlement offer is on the table, your attorney can help you decide whether to accept.
What if the MSPB Affirms Your Agency’s Decision?
As noted above, one possible outcome of an MSPB complaint is that the Board will affirm your agency’s (or former agency’s) decision. If this happens, you will have the right to file an appeal—provided that you have grounds to do so.
There are various potential grounds to appeal an unfavorable MSPB decision; and, here too, your New York MSPB attorney will be able to help. If you have grounds to file an appeal, your options may include:
- Filing a Petition for Review (PFR) – In most cases, the first step for challenging an unfavorable MSPB decision is filing a Petition for Review (PFR). Filing a PFR results in an examination of the initial decision in your case by a three-member panel of the MSPB. Similar to the initial decision in your case, the panel’s decision can either result in reversal, modification, or affirmation of your agency’s action.
- Filing an Appeal in the U.S. Court of Appeals for the Federal Circuit – If your PFR is unsuccessful, your attorney can help you decide whether to continue pursuing your case. If you decide to proceed, the next step will be to file an appeal with the U.S. Court of Appeals for the Federal Circuit. This is an entirely separate (and complex) legal process that requires highly experienced legal representation.
- Filing an EEOC Appeal or a Complaint in U.S. District Court (in “Mixed Cases”) – If you filed a “mixed case” with the MSPB, you may have additional options for challenging an unfavorable decision. Mixed cases involve discrimination claims that are subject to the jurisdiction of both the MSPB and the U.S. Equal Employment Opportunity Commission (EEOC). If you are dissatisfied with the MSPB’s decision in your mixed case, you may be able to pursue your claim with the EEOC or in U.S. District Court.
Schedule a Free Consultation with a New York MSPB Attorney at Bell Law Group
If you need to know more about filing an MSPB complaint as a current or former federal employee in New York, we invite you to get in touch. To schedule a free consultation with an experienced New York MSPB attorney at Bell Law Group, call us at 516-280-3008 or tell us how we can help online today.
