MSPB, Merit Systems Protection Board
We protect the rights of federal employees in MSPB Cases and have the skill to litigate your case. The Merit Systems Protection Board (MSPB) is an appeals board where federal employees challenge decisions made by federal agencies. Our lawyers represent employees before the MSPB, which protects federal employees by hearing appeals involving discipline, removal, performance matters (PIP), whistleblower retaliation, reduction in force, retirement, etc.
Paul N Jones Law Firm
National Representation across the United States
It is important to understand that the MSPB appeals process, which begins with the filing of Form 185 or by e-filing, can be very similar to civil litigation, and an attorney is likely needed. The MSPB administrative court process is much like civil litigation, so it is important to have the representation of an experienced MSPB lawyer.
Our National Security Clearance Law practice is led by Paul N. Jones, a seasoned attorney with a strong focus on federal legal matters, security clearances, and labor and employment law in both the federal and private sectors. With over 20 years of experience, he has represented federal agencies like the FBI, the Department of Homeland Security, and the Department of Energy. He can assist any organization facing these challenges and provide guidance and direction in assessing the risks and opportunities.
Paul N Jones Law Firm
National Representation across the United States
His expertise includes handling employment litigation, labor disputes, and security clearance revocations, frequently appearing before the EEOC and MSPB. He has held top-secret clearances and served as lead counsel in numerous high-stakes federal cases, including Title VII, ADA, ADEA, and FMLA litigation. Paul’s comprehensive understanding of federal and private sector employment law and his regulatory compliance expertise make him a trusted advisor in navigating complex legal challenges in both public and private arenas.
What is the MSPB, Merit Systems Protection Board?
The Merit Systems Protection Board (MSPB) is an independent, quasi-judicial agency that allows federal employees to appeal adverse employment actions, such as demotion, suspension, or discharge. Its overarching mission is to protect the Federal merit system, and it does so by adjudicating individual employee appeals and conducting studies of merit system practices.
The MSPB has the ability to review numerous different types of federal employee appeals, but the most frequent appeals include:
- Removals from the federal service
- Suspensions over 14 days
- Performance Improvement Plan (PIP) cases
- Whistleblower Retaliation cases
- USERRA military discrimination cases
- Retirement cases for federal employees under the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS) and the Federal Erroneous Retirement Coverage Corrections Act (FERCCA)
- Suitability Cases
- Probationary terminations
- Reductions-in-force (RIF) actions
Contacting a knowledgeable attorney with experience with the unique procedural rules in the MSPB is crucial. Paul N Jones will present your case in a way that will give you the highest chance for success.
Representation at Any Stage of Your Case
If you think you may be a victim of unfair treatment in the workplace, we encourage you to retain us as soon as possible. We can represent you at any case stage, from the investigation to hearings and appeals.
Employee Investigations
Many MSPB cases start with an investigation. If someone has accused you of misconduct, your agency or another federal agency will investigate before deciding whether to pursue disciplinary action.
When facing an investigation as a federal employee, it is vital to play an active role. You must ensure that the federal employees handling the investigation follow proper procedures and effectively assert their legal rights. We can explain what you should and shouldn’t say. The MSPB lawyer can deal with the government on your behalf throughout the investigative process–and after the investigation if necessary.
At some point during your investigation, you may receive what is known as a Garrity or Kalkines warning. Both of these warnings have important implications, and if you have received a Garrity or Kalkines warning, you should speak with an MSPB lawyer promptly to ensure you know what this means for your investigation.
Proposed Disciplinary Actions
If a federal agency decides to pursue disciplinary proceedings based on the outcome of an investigation, it must first provide the federal employee with notice of the proposed disciplinary action. At this stage, you can respond and use this opportunity to your advantage.
When responding to a notice of proposed disciplinary action, your primary goal is to dissuade the investigating agency from moving forward. But this is not the only reason to submit a carefully prepared response. If the agency moves forward, your response will become a part of your case file, which means an MSPB or EEOC judge could also see it. Our MSPB attorney can help ensure your response is as strong and helpful as possible.
Disciplinary Proceedings
MSPB disciplinary proceedings can have severe consequences for federal employees. Depending on the circumstances involved, suspension, demotion, termination, and other adverse employment consequences could all be on the table. If you are facing discipline as a federal employee, you need experienced legal representation, and you should speak with an MSPB attorney promptly. Our attorneys handle performance and misconduct actions for federal employees at all General Schedule (GS) and Senior Executive Service (SES) levels.
Hearings and Appeals
Whenever possible, we work to protect our clients against facing the inherently uncertain outcomes of MSPB hearings and appeals. But, in some cases, the need to appear at a hearing or file an appeal will be unavoidable. If you are preparing to go before the MSPB or if you need to challenge the outcome of your MSPB hearing, our lawyers can advise and represent you through the final resolution of your case.
MSPB hearings and appeals require in-depth knowledge of the relevant laws, rules, and procedures, so choosing a lawyer with significant experience representing federal employees in MSPB matters is imperative.
Contact Paul N Jones Law Firm Today
Contact our national law firm if your agency wrongfully took action against you that has negatively impacted your career. Paul N Jones is available to represent federal employees anywhere in the country. Contact our law firm to schedule your free consultation. We are here to represent your rights before the Merit Systems Protection Board.
We’ll Be There Every Step of the Process
How Do the “Douglas Factors” Apply to Your MSPB Case?
When facing disciplinary action as a federal employee, it is essential to understand how the “Douglas Factors” apply to your case. The Douglas factors are 12 factors that the MSPB uses to determine if a penalty is reasonable.
These facts and circumstances are:
- The nature and seriousness of the offense and its relation to the employee’s duties, position, and responsibilities, including whether the offense was intentional or technical or inadvertent, or was committed maliciously or for gain, or was frequently repeated;
- The employee’s job level and type of employment, including supervisory or fiduciary role, contacts with the public, and prominence of the position;
- The employee’s past disciplinary record;
- The employee’s past work record, including length of service, performance on the job, ability to get along with fellow workers, and dependability;
- The effect of the offense upon the employee’s ability to perform at a satisfactory level and its effect upon supervisors’ confidence in the employee’s ability to perform assigned duties;
- Consistency of the penalty with those imposed upon other employees for the same or similar offenses;
- Consistency of the penalty with any applicable agency table of penalties;
- The notoriety of the offense or its impact upon the reputation of the agency;
- The clarity with which the employee was on notice of any rules that were violated in committing the offense, or had been warned about the conduct in question;
- Potential for the employee’s rehabilitation;
- Mitigating circumstances surrounding the offense such as unusual job tensions, personality problems, mental impairment, harassment, or bad faith, malice or provocation on the part of others involved in the matter; and
- The adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others.
If it is not possible for you to avoid discipline entirely, our lawyers will use the relevant Douglas Factors to fight for the least-severe discipline available in light of the circumstances presented.
The Douglas factors were formalized in 1980 after the MSPB ruled on the case of Douglas v. Veterans Administration. The purpose of the Douglas factors is to prevent penalties that are unreasonable, unfair, or excessive.
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