Merit Systems Protection Board Appealable Actions

Jennifer Duke

February 10, 2016

The personnel actions that may be appealed to the MSPB typically fall into one of the following six categories:

A reduction in grade or removal for unacceptable performance. This category also includes issues related to constructive discharge
A removal, reduction in pay or grade, suspension for more than 14 days, or furlough for 30 days or fewer, for a cause that will promote the efficiency of the service
A separation from service, reduction in grade, or furlough for more than 30 days, when the action was due to a reduction-in-force
A reduction-in-force action affecting a career appointee in the Senior Executive Service
A reconsideration decision sustaining a negative determination of competence for a general schedule employee
Disqualification of an employee or applicant because of a OWCP suitability determination

Cases frequently heard by the MSPB include removals or disciplinary actions for poor performance or misconduct, and involuntary retirements and resignations.

In order to appeal one of the above-listed actions to the MSPB, an employee must also have appeal rights to the MSPB. While most federal employees do have the right to appeal to the MSPB, certain employees do not.

Generally, U.S. Postal Services employees only have the right to appeal to the MSPB if they are managerial employees, supervisory employees, a personnelist, or are eligible for veterans' preference.

Regardless of an employee's employing agency, Probationary employees have only very limited appeal rights to the MSPB. Probationary employees may only appeal a termination on the grounds of partisan political affiliation or marital status, or based on conditions arising prior to employment.

If you have suffered one of these personnel actions, and believe that you meet the requirements to appeal to the MSPB, the federal employee attorneys at Melville Johnson, P.C. may be able to help. Our MSPB attorneys have years of experience appealing to the MSPB. Call or message us today to discuss your situation and learn how we can assist you.

This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.

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