Harmful Error at the MSPB

Melville Johnson

April 2, 2020

To establish a prima facie framework for harmful error, the federal employee must prove:

The agency committed an error in the application of its procedures, and
That the error is likely to have caused the agency to reach a conclusion different from the one it would have reached in the absence of the error.

Examples of harmful error include, but are not limited to the following:

A. The agency proposes 30-Day Suspension against a federal employee and the employee attempts to respond to the proposed suspension. However, the deciding official refuses to review the response and then suspends the employee without having reviewed the response.

B. A federal employee is proposed revocation of security clearance. The deciding official hears the federal employee’s response and arrives at a decision not to revoke the employee’s security clearance. The agency decides, rather than issue the decision, to replace the deciding official with someone else who then removes the employee.

C. The agency sustains a proposed decrease in grade for employee on grounds other than those alleged in the proposed grade decrease.

The federal employee attorneys at Melville Johnson, P.C. have years of expertise on MSPB matters such and these, and are well qualified to assist you with your legal needs. Call or message us today to discuss your claim 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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(404) 724 - 0000

115 West Peachtree Pl. N.W. Unit 1
Atlanta, Georgia 30313