MSPB.ORG

About the Merit Systems Protection Board




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.