Federal Employee Lawyers for MSPB Complaints in Houston
Services for Suspension, Demotion, or Termination Complaints
Federal agency personnel can be subjected to various prohibited practices, including suspension, demotion, termination, retaliation or other matters. It is in your best interests to be represented by a law firm that you can trust to protect your rights in MSPB cases. Our federal employee lawyers have served Houston with premier, intelligent legal representation for all employment cases. Particularly when filing an MSPB complaint, you can depend on the experience of our seasoned attorney to guide you through the steps necessary to protect your rights as a federal employee. We pride ourselves in being experienced and accessible for our nationwide clients.
Know Your Rights with Our Team on Your Side
As a federal employee, you have certain rights regarding adverse or other prohibited personnel practices in federal employment law. If you believe you have been subjected to a suspension, demotion, or termination that that is unwarranted, unfair, arbitrary, and/or discriminatory or if you have been subjected to a personnel action in retaliation for whistleblowing, you may be able to take your complaint to the Merit System Protection Board (MSPB) pursuant to the Civil Service Reform Act of 1978.
At Pines Federal, our attorneys provide government employees with representation in most MSPB employment cases. So, whether your employment dispute is unwarranted, unjust, arbitrary, or discriminatory in nature, our attorneys can help. How we begin will depend on the nature of your case and your employment status. If you’re a part of a bargaining unit, in probationary status, or hold a supervisory position, our MSPB complaint attorneys can litigate your case. Call us at (888) 898-9902 to schedule a consultation. We can review the details of your case and begin planning right away.
What Is the MSPB?
The MSPB is an independent entity of the executive branch of the federal government with quasi-judicial powers to hear complaints or appeals from federal workers about certain personnel actions taken against them.
The MSPB hears a variety of appeals from adverse employer actions, including:
- Terminations/Removal Actions.
- Suspensions of more than 14 days.
- Grade or pay reductions.
- Denials of within-grade salary increases.
- Performance-based reductions in grade or pay.
- OPM suitability determinations.
- OPM employment practices.
- Whistleblower reprisal/retaliation.
Should your appeal be one that is not heard by the board, it may be considered instead before the Office of Personnel Management (OPM), or by the Office of Special Counsel in matters where a personnel action may have been taken or is about to be taken. Contact one of our federal employee attorneys at Pines Federal if you have filed or are considering an appeal regarding any of these issues.
Whistleblower Reprisal Complaints
It is the policy of the federal government to encourage employees to notify federal representatives or certain designated persons regarding unlawful conduct or practices by the employer. If an agency takes certain employment actions against you for making such a complaint, you may be entitled to relief. You are protected if disclosures are made to the Office of Special Counsel, the agency’s Inspector General or a designated person, or if such disclosures are not prohibited by law.
Examples of typical whistleblower disclosures include:
- Rules or regulations violations.
- Gross mismanagement.
- Abuse of authority.
- Substantial and specific danger to the public health or safety.
- WPA or WPEA
- Fraud, waste, abuse, or mismanagement.
Please note that these cases can go to the MSPB if the OSC does not find a violation. In this case, the matter would be called an Individual Right of Action (IRA).
There are two types of whistleblower appeal cases. In the first type, the appellant is subjected to a personnel action, such as a removal, that is directly appealable to the Merit Systems Protection Board. The appellant can claim the removal was in retaliation for whistleblowing, and therefore serves as an affirmative defense against the removal. Both the appealable personnel action (the removal) and the whistleblower reprisal claim are reviewed by the MSPB.
The other type of appeal is the “individual right of action,” (IRA) which was created by the Whistleblower Protection Act. In an IRA appeal, the appellant was subjected to a personnel action that is not directly appealable to the MSPB (for example, a poor performance evaluation). The appellant claims that the poor evaluation was issued because of his whistleblowing. The appellant must first file a complaint with the Office of Special Counsel. If the OSC does not seek corrective action on his or her behalf, they can file an IRA appeal with the MSPB. If in his or her IRA appeal, the appellant alleges they were subject to a personnel action that is directly appealable to the MSPB, the case still will be adjudicated as an IRA appeal. This means that the MSPB will not review the merits of the action. The board will resolve only the whistleblower reprisal claim.
Reach Out to Our Team
If certain personnel actions were taken against the whistleblower, a complaint filed with the Office of Special Counsel, which can thereafter be appealed to the MSPB. If it does not, then you may file the appeal with the MSPB.
Our Houston federal employee lawyers at Pines Federal have considerable experience with whistleblower reprisal complaints and can advise you on how to proceed in such matters. We have served Houston and clients nationwide for more than 20 years. Call us today if you feel an employment decision that levied against you was unfair, discriminatory, and/or arbitrarily rendered.