Gilbert Employment Law, P.C.

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Home 9 Disciplinary & Adverse Actions/MSPB 9 Merit Systems Protection Board

Advocating For You In All MSPB Matters

We represent federal government employees across the country and worldwide in a wide range of employment law matters. Since 2005, the attorneys at Gilbert Employment Law, P.C., have helped our clients obtain the job benefits they rightfully deserve. Our attorneys also protect federal employees from improper actions threatening advancement opportunities or their careers.

Many of the cases we handle involve the U.S. Merit Systems Protection Board (MSPB). The MSPB is a federal agency that has jurisdiction over certain kinds of cases such as:

  • Adverse action cases, which involve major disciplinary action. For most federal employees, if you are fired, demoted or suspended from work for more than 14 days, your case will go before the MSPB. The MSPB does not handle cases involving minor types of discipline (such as a three-day suspension from your job) unless that minor discipline is part of a whistleblower claim.
  • Whistleblower cases involving retaliation by your agency. If you reported illegal activity or made other protected disclosures, such as a gross waste of funds or a specific and substantial danger to public health and safety, and were punished for it, the MSPB can review your case. Unless your punishment was an “adverse action,” you will first have to file your complaint with the U.S. Office of Special Counsel (OSC) before bringing your appeal to the MSPB.
  • Veterans’ appeals related to violations of the Veterans Employment Opportunities Act, such as awarding a position to an equally qualified veteran who has fewer points than you, may be appealed to the Board after filing a complaint with the U.S. Department of Labor. A claim of reprisal for your military service under the Uniform Services Employment and Reemployment Rights Act (USERRA) may be appealed directly to the MSPB.
  • Disputes over retirement benefits, including for employees who become disabled. If your medical condition threatens your ability to perform your job, and your disability cannot be accommodated, you may be able to seek early retirement. Denials of “disability retirement” can be brought to the MSPB.

Our Experience Allows Us To Handle Overlapping Concerns

At Gilbert Employment Law, P.C., our attorneys are ideally equipped to address closely related employment law matters. For instance, if you are demoted, you will have an MSPB case. However, if you are demoted due to racial discrimination, you will need to deal with specific discrimination-based procedures and requirements.

Likewise, if you did not get a promotion because you “blew the whistle” on your employer, you must be aware of the particular procedures and laws that accompany a whistleblower claim. You can rely on us in every facet of your case.

Schedule A Consultation With Our Team Today

Our lawyers are highly respected and skilled advocates in MSPB cases and other federal-sector employment law matters worldwide. We will work closely with you, using our knowledge to effectively protect your rights. Call our Silver Springs office at [nap_phone id=”LOCAL-REGULAR-NUMBER-1″] or email us today.