Alan Lescht and Associates successfully represents federal government employees in cases before the Merit Systems Protection Board (MSPB).
Unlike private-sector employees, federal government employees have a unique set of due process rights. In most cases, a private-sector employee must file a lawsuit to challenge an employment decision. However, most federal government employees have the right to appeal employment decisions through an administrative process with the MSPB. The MSPB is a federal agency that is responsible for ensuring that the government does not take prohibited personnel practices. One of the ways that MSPB carries out this responsibility is by conducting administrative hearings to make decisions on employee appeals.
Employees may only file MSPB appeals in certain cases. Most federal employees have the right to file an MSPB appeal for a removal, demotion, or suspension of more than 14 days that is based on misconduct or performance. The appeal must be filed within 30 days of the effective date of the adverse action. Employees have the right to request a hearing before an MSPB administrative judge.
The MSPB also adjudicates Individual Right of Action (IRA) appeals, which are appeals of personnel practices involving whistleblower retaliation.
If you have been demoted, suspended, or removed from your federal job, we can help. Our attorneys will determine if you have the right to file an appeal with the MSPB, explain your options, and develop a strategy to assert your rights. Alan Lescht and Associates represents federal government employees in the following MSPB matters:
Send us an email or call us at (202) 463-6036 to speak with an experienced employment attorney. Alan Lescht and Associates offers strategic and results-driven legal services to federal government employees around the world.
GSA fired our client following the Western Regions Las Vegas Conference scandal in 2013. We appealed his termination to the MSPB and argued that the agency failed to prove that Mr. Weller engaged in conduct unbecoming of a federal employee. MSPB law judge Ronald Weiss reversed Mr. Weller’s termination, and ordered the agency to return him to work. He also awarded our client 19 months’ back pay.
The U.S. Department of the Navy proposed to remove our client for Unacceptable Performance after he allegedly failed to complete a Performance Improvement Plan (PIP). In our response, we argued that the agency held the employee to an unreasonably high standard of performance and that the employee had met the PIP requirements. Based on our arguments, the deciding official rescinded the proposed removal and determined that our client did perform at an acceptable level during the PIP. The client remained in his position.
MSPB Judge Holly Parks reversed the agency’s decision to remove our client based on medical inability to perform following a hearing. Our client had been placed on a 12 month travel restriction by his physician. Although the judge found that traveling was an essential function of our client’s job, she determined that the penalty of removal “exceeded the tolerable limits of reasonableness” and rescinded the removal and reinstated our client with back pay and benefits. The judge noted that the 12 month travel restriction was set to expire 2 ½ months after the agency issued its removal decision. She held that it was unreasonable for the agency to remove our client before it could determine, in 2 ½ months’ time, if he could return to the full range of duties, as waiting another 2 ½ months was not placing a an undue strain on the agency.