subject: Federal Employment Discrimination And The Mspb [print this page] If you are a Federal Employee who has been dealing with workplace issues, know that you have rights. In order to preserve your rights, however, you must know MSPB law and assert your cause of action. In order to file an MSPB appeal, the following must take place:
* A Federal Employee must file an MSPB appeal in writing with the regional or field office of the Board that has jurisdiction over the area where your duty station was located when the agency took the action. Appeals of OPM reconsideration decisions concerning retirement benefits, and appeals of adverse suitability determinations must be filed with the regional or field office that has jurisdiction over the area where you live.
* An MSPB appeal must be filed within 30 calendar days of the effective date of the action or within 30 calendar days after the date of receipt of the agency's decision. If the 30th day falls on a weekend or Federal holiday the filing deadline is extended to the next working day.
* If you and the agency mutually agree in writing to submit your dispute to an alternative dispute resolution process, the 30-day filing time limit is automatically extended to 60 days.
* Appeals may be filed through an e-Appeal process or by mail, fax, or in person.
All MSPB appeal requests must include all of the information required by federal regulations:
* The name, address and telephone number of the appellant
* The name, address and telephone number of the appellant's attorney or representative
* The name and address of the agency involved
* A description of the alleged actions of the agency and the date they happened
* A statement of why the appellant believes that the agency's actions were wrong
* A statement of what the appellant would like the MSPB judge to order
* A description of other grievances or complaints related to the actions at issue before the MSPB
* Applicable documentation and the appellant's signature.
A federal employment attorney can assist federal employees (or former federal employees) in filing an appeal with MSPB and in most cases it is recommended that you seek the counsel of an experienced employment attorney. An employment attorney can ensure that all deadlines are met with the appropriate content and that all of your rights are protected during the appeal process.
Ever wondered what exactly the MSPB is? The Merit Systems Protection Board, or the MSPB, is a federal agency that performs studies and reviews significant actions of the Office of Personnel Management. The goal of the Merit Systems Review Board is to protect the rights of federal civil service employees against abuses by management. To serve its role, the MSPB has been carefully organized with board members appointed by the President of the United States.
