Federal Employee Merit Systems Protection Board Lawyer
Dealing with an wrongful termination, demotion, or suspension as a federal government employee can feel like your entire career in federal employment is at risk. In this time of heightened emotion and anxiety, you don’t have to face this complex legal battle by yourself.
At Cacciatore Legal, we understand the incredible stress you are under, and we are here to fight for your professional life.
Time is Crucial: The Strict 30-Day Deadline
Time is critical: You normally have only 30 days from the date you receive your agency’s final decision on an adverse action to file an appeal with the Merit Systems Protection Board (MSPB). Do not wait. Contact us immediately.
Why Choose Cacciatore Legal?
Our Inside Edge & Experience
Federal employee plaintiff attorney Anthony Cacciatore doesn’t just understand the law; he understands the opposition. Anthony previously served as in-house counsel for the U.S. Department of Veterans Affairs. He has spent years on the defense side, advising federal agencies and managing litigation. This unique, firsthand experience means:
- He knows the agency’s playbook. He anticipates the government’s legal strategies and evidence well before they present them.
- He knows what a winning defense looks like. He uses his insider knowledge to expose flaws in the agency’s investigation, documentation, and disciplinary procedures.
- He knows how to win federal employment law cases. His experience allows him to build a proactive strategy designed to secure a favorable outcome, whether through a decisive appeal win or a favorable settlement.
Expert MSPB Appeal Legal Services for Federal Employees
What is the Merit Systems Protection Board (MSPB)?
The MSPB is an independent, quasi-judicial administrative agency within the executive branch of the government. It was created to protect federal employees from improper, arbitrary, or politically motivated personnel actions and to uphold the integrity of the federal merit system. If your agency takes a significant disciplinary action against you, the MSPB is often the forum where you can challenge it.
What is a Proposed Discipline?
A proposed discipline is often a precursor to an adverse action communicated to an employee in a formal notice. This happens before any serious disciplinary action. This step lets the employee know that there are allegations and what the proposed penalty will be. They are allowed to respond to the charges before a final decision is made.
What is an Adverse Action?
An adverse action, or sometimes called an adverse employment action, is a serious disciplinary step taken by a federal agency against an employee. This is more serious than a proposed discipline. The most common actions that a federal employee can appeal to the MSPB are:
- Removal (termination) from your job.
- Suspension of more than 14 days.
- Reduction in grade or pay.
Who is Eligible to File an MSPB Appeal?
While not every federal employee has the right to appeal to the MSPB, many do. A federal employee’s eligibility often depends on their job type and length of service. Generally, federal employees can file an appeal if they are:
- A competitive service employee who has completed one year of current continuous service.
- A preference-eligible employee, most commonly a veteran, or their parent or spouse, who has completed one year of current continuous service.
- Some excepted-service or probationary employees have limited appeal rights or specific exceptions—ask about your status.
- A federal employee who is appealing a denial of restoration or reemployment rights.
If you are unsure whether you can appeal, our MSPB attorney can quickly determine your eligibility.
The MSPB Appeal Process
The MSPB appeal process is a formal, multi-step legal proceeding, similar to a trial:
Filing the Appeal
The process begins when you, the appellant, submit an appeal form (often through the MSPB’s e-Appeal website). The MSPB appeal submission must be completed within the 30-day deadline. Hiring an attorney to ensure this is done correctly can help your case throughout the process.
Acknowledgment Order and Discovery
An Administrative Judge (AJ) is assigned and issues an order setting the case’s deadlines. The discovery phase begins, allowing both sides to formally request documents, evidence, and sworn testimony such as depositions from the opposing party. Settlement discussions and status conferences may occur during this period.
The Hearing
If the case does not settle, the AJ holds a hearing, which operates much like a court trial. Both your attorney and the agency’s representative present evidence, call witnesses, and cross-examine witnesses.
Initial Decision
The AJ reviews all the evidence and issues a written initial decision.
Petition for review (PFR)
If you are dissatisfied with the AJ’s decision, you generally have 35 days to file a petition for review with the full board. Further judicial review may be available in the U.S. Court of Appeals for the Federal Circuit, depending on the case type.
Do you need an MSPB Lawyer to help with an Appeal After an Adverse Action?
The truth is, winning an MSPB appeal against the federal government is challenging without experienced legal help. Publicly reported overall reversal rates are low, and procedural missteps can result in dismissal regardless of the underlying facts:
Procedural mistakes cost careers: Many appeals are dismissed because employees, trying to represent themselves, make avoidable procedural errors, miss critical deadlines, or misunderstand the complex legal requirements.
Low success rate: Outright reversals of agency decisions are rare; mitigation or settlement is more typical when relief is achieved. Historically, federal employees have won their appeals in only 2.4% to 3% of all cases decided by the MSPB.
The fine print: When you look only at the cases that were decided on their merits (excluding those dismissed for mistakes), the rate of reversal or mitigation is higher (around 18%). The key takeaway: even meritorious cases require careful strategy, clean records, and strict compliance with deadlines.
Possible Outcomes and Remedies
If your MSPB appeal is successful, you get back to your life and put your career back on track. Possible outcomes may include one or more of the following:
— Reversal of the Action: The adverse action is canceled in its entirety.
— Status Quo Ante: You are put back in the position you would have been in if the adverse action had never occurred.
— Back Pay: You are awarded all pay and benefits you lost due to the improper action (with interest where applicable).
— Settlement: Many appeals resolve in a favorable settlement agreement that may include a mitigation, resignation with a clean record, a reduced penalty, or reinstatement.
— Restoration of Leave and Benefits: Your annual leave, sick leave, and retirement benefits are corrected.
— Compensatory Damages: In specific “mixed-case” appeals (those involving a claim of discrimination), you may be able to recover compensatory damages.
— Attorney’s Fees/Costs: In some cases, prevailing appellants may seek reasonable attorney’s fees or certain costs by statute or order.