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Not every employee can appeal an adverse action to the MSPB. Here is a brief list of who can make an appeal to the MSPB:

Competitive Service employees who have completed a 1-year probationary or trial period;

Veterans preference-eligible employees with at least one year of continuous employment in the same or similar positions outside the competitive service;

Postal Service supervisors, and some employees engaged in personnel work, who have completed one year of current continuous service in the same or similar positions; and

Excepted service employees, other than preference-eligibles, who are not serving a probationary or trial period and who have completed two years of current continuous service in the same or similar positions in an Executive agency

If you would like to consult with an MSPB Attorney to determine if you have an appeal right, contact Pines Federal today.

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Eric L. Pines is a nationally recognized federal employment lawyer, mediator, and attorney business coach. He represents federal employees and acts as in-house counsel for over fifty thousand federal employees through his work as a federal employee labor union representative.

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