Why
you need an employment lawyer
If you are a federal employee who has been denied a legal
right, suffered an adverse action, or suffered from a
prohibited personnel practice, then you need the help of an
experienced employment lawyer. Your attorney will have
experience before the Merit Systems Protection Board (MSPB) and
can help you file an appeal, if appropriate.
How Your MSPB Appeals Lawyer Can Help
You
Your MSPB appeals lawyer will help you at every stage of
your case. During your initial consultation with your lawyer,
you will be asked to provide a detailed account of your claim.
Your lawyer will help you determine if you have a claim that
falls within the jurisdiction of the MSPB, or another federal
agency or court. If your employment lawyer determines that you
do have a claim that may be heard by the MSPB then your lawyer
will:
• File Your Appeal: Your appeal must be
filed in a timely manner and have the required procedural and
substantive elements in order to be heard by the MSPB.
• Help You Decide Between Mediation and an ALJ
Decision: Both MSPB mediations and the traditional
method of having an administrative law judge decide an
employee’s appeal provide important benefits to appellants.
Your lawyer can explain the benefits of each method and help
you pick the method of resolution that is right for you.
• Present Evidence During Your Appeal: If
you are going to appeal to the MSPB, then you are going to need
to present evidence to support your allegations and to make
persuasive arguments on your behalf. Your lawyer has been
trained to do just that and will be an effective advocate for
you at all stages of your appeal.
• Understand the MSPB Decision: Some MSPB
decisions can include a lot of technical language that can be
difficult to understand. Your lawyer will help you understand
the MSPB’s decision, its reasoning, and its effect on you.
• Appeal to the Federal Court of Appeals for the
Federal Circuit: If you lose your appeal before the
MSPB, then you may have the right to appeal the MSPB decision
to the Federal Court of Appeals for the Federal Circuit. The
Federal Courts of Appeals have strict and formal requirements
that make it difficult for a layperson to mount a successful
appeal without the help of an experienced employment
lawyer.
How to Hire an MSPB Appeals Lawyer
If you are considering an MSPB appeal then it is important
not only to hire a lawyer, but to hire the right lawyer. Your
lawyer should be experienced handling cases before the MSPB,
understand and support your claim, and be willing to maintain
open lines of communication with you throughout the appeals
process.
You have the right to interview a lawyer before retaining a
lawyer. This is an important part of the process of hiring a
lawyer. It provides the lawyer with the opportunity to explain
his or her experience to you, and it provides you with the
opportunity to ask questions about how the lawyer can help you.
That may include asking the lawyer for client references.
Hiring the right lawyer at the beginning of your case can
save you a lot of trouble, time, and expense in the long run,
so it is important to invest the time and effort into finding
the right attorney for you.
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