
Merit Systems Protection Board (MSPB) Lawyers – Federal Employment Appeals
At Berry & Berry, PLLC, our experienced MSPB attorneys represent federal employees nationwide in Merit Systems Protection Board appeals and hearings. Federal employees face strict deadlines, complex procedures, and high stakes when challenging adverse actions. Securing effective legal representation early can protect your career, benefits, and reputation. Our firm has more than 25 years of representing thousands of federal employees in MSPB appeals. Combined, we have over 50 years of practice before the MSPB between our lawyers. We have succeeded in MSPB appeals and settled a great many of them. Whether your MSPB appeal is being heard in the San Francisco, Washington, DC, Philadelphia, Denver, Chicago, Dallas or Altanta offices of the MSPB our federal employment lawyers can help.
What Is the Merit Systems Protection Board (MSPB)?
The Merit Systems Protection Board (MSPB) is an independent federal agency that serves as a quasi-judicial appeals forum for federal employees. The Board protects federal merit system principles by reviewing adverse personnel actions and ensuring federal agencies comply with civil service law. The MSPB is staffed by numerous administrative judges and a three-person member Board and headquartered in Washington, DC.
What Types of Appeals Can the MSPB Hear?
The MSPB was designed by Congress to hear federal employee appeals concerning their employment, retirement, whistleblower retaliation and military discrimination. Common MSPB appeals include:
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Suspensions over 14 days
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Demotions and pay/grade reductions
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Furloughs exceeding 30 days
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Performance-based actions and PIPs
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Retaliation & whistleblower claims
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Certain retirement and suitability decisions
The MSPB Appeals Process: Step by Step
There are 6 major steps in the MSPB appeals process.
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Filing the Appeal
Most MSPB appeals must be filed within 30 days of the effective date of the personnel action. -
Acknowledgment & Jurisdiction Review
An administrative judge (AJ) reviews whether the MSPB has jurisdiction to hear the appeal. -
Discovery & Motions
Both sides exchange evidence, take depositions, submit motions, and identify witnesses. -
MSPB Hearing
A formal hearing may be held, including testimony and cross-examination. Our MSPB hearing attorneys represent clients in all stages of the hearing. -
Initial Decision
The AJ issues a written decision. ruling on the case. -
Petition for Review
Either party may request review of the decision by the full Board.
Because MSPB deadlines are strict and procedural errors can be fatal, early legal representation is critical.
Why Hire an MSPB Attorney?
MSPB appeals are legally technical and governed by federal statute, regulation, and precedent. Federal agencies are almost always represented by counsel — you should be too.
Our MSPB attorneys can:
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Evaluate whether the MSPB has jurisdiction over your case
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Meet strict filing deadlines
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Develop evidence and legal strategy
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Handle discovery and administrative hearings
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Challenge agency defenses and procedural issues
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Advocate for reinstatement, back pay, or settlement
With experienced MSPB representation, federal employees significantly improve their chances of a favorable outcome.
Types of MSPB Cases Our Federal Employment Lawyers Handle
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Adverse Action Appeals – Overturn unlawful removals, demotions, suspensions, or pay cuts.
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Performance Improvement Plan (PIP) Appeals – Challenge alleged performance deficiencies.
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Whistleblower Retaliation – Coordinate MSPB strategies with Office of Special Counsel actions.
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Mixed Cases & Jurisdictional Claims – Navigate overlapping MSPB and EEO issues.
Get Skilled MSPB Legal Representation Today
If you’re facing an adverse federal employment action — including termination, suspension, demotion, or retaliation — contact Berry & Berry, PLLC. Our MSPB attorneys are experienced in guiding federal employees through every stage of the appeals process.
Call us at (703) 668-0070 or request a consultation to protect your rights and future.
MSPB Frequently Asked Questions
What is the MSPB?
The Merit Systems Protection Board is a federal agency that hears appeals from federal employees challenging serious personnel actions such as removals, suspensions, and demotions. Federal employees should think of the MSPB as an administrative civil court for federal employee claims.
How long do I have to file an MSPB appeal?
Most MSPB appeals must be filed within 30 days of the effective date of the personnel action or receipt of the agency decision—whichever is later. There are rare exceptions to the general rule, but they need to be discussed with counsel.
Can I file an MSPB appeal without a lawyer?
Yes, but MSPB cases involve strict deadlines, evidentiary rules, and legal standards. Many federal employees hire an MSPB attorney to improve their chances of success and avoid procedural mistakes. It is fairly common for individuals who represent themselves to misunderstand administrative judge orders or to miss discovery deadlines. Both of these issues can negatively impact an appeal.
What types of actions can be appealed to the MSPB?
Appealable actions include removals, suspensions over 14 days, reductions in grade or pay, furloughs over 30 days, certain performance actions, and whistleblower retaliation. The two most common cases appealed involved removal and retirement cases.
How long does an MSPB case take?
An MSPB case can take several months to over a year, depending on complexity, discovery disputes, hearings, and whether a petition for review is filed. The MSPB can sometimes be short on staff and also is subject to government shutdowns. Once an appeal is started, it generally takes 6-8 months to complete the hearing stage.
What happens during an MSPB hearing?
An MSPB hearing is similar to a trial, though less formal. Both sides present evidence, call witnesses, and make legal arguments before an administrative judge. Hearings may be held in person or by video. Proper preparation is essential to presenting a strong case.
Does the MSPB handle discrimination or whistleblower cases?
Some cases involve “mixed claims,” where MSPB appeals overlap with discrimination or whistleblower retaliation issues. These cases are procedurally complex and require careful handling to protect all available rights. Legal guidance is strongly recommended. It is extremely difficult to pursue a mixed appeal without federal employee counsel.
What happens if I miss the MSPB deadline?
Missing the filing deadline can result in dismissal of your appeal. The MSPB only grants extensions in very limited circumstances. If a deadline is missed then the individual (or their federal employment attorney) will have to file a motion asking the administrative judge to permit more time. If the initial filing deadline is missed, barring unusual circumstances, it is very hard to have the MSPB accepted.
Can I settle my MSPB case?
Yes. Most MSPB cases resolve through settlement before a final decision is issued. Settlement discussions can occur at various stages of the appeal and may involve reinstatement, back pay, clean records, or resignation terms. An MSPB lawyer can help negotiate a favorable outcome. Most federal employees prefer settlement to the risks involved in taking a case to an MSPB hearing.
