How Do I Write an Appeal to the MSPB?

Mary Barrett

January 28, 2022

You may be able to file an appeal with the Merit Systems Protection Board (MSPB) if you have experienced a suspension of 15 days or more, a demotion, or termination that was undeserved or discriminatory.

The MSPB is an independent agency meant to protect federal merit systems against political and other prohibited personnel practices and to defend federal employees against abuses by agency management.

In addition to handling disciplinary actions, the MSPB also addresses retirement disputes and whistleblower retaliation.

How Do I File an Appeal with the Merit Systems Protection Board?

If you have faced disciplinary action that was unjustified, you may be able to file an appeal with the MSPB. You will have to file your appeal with the MSPB's regional or field office serving the area where your duty station was located when the action was taken.

However, if the appeal relates to a final decision of the Office of Personnel Management (OPM) concerning retirement benefits, or an adverse suitability determination, you must file with the regional or field office that has jurisdiction over the area where you live.

For most federal employees, you must file your appeal with the MSPB within 30 calendar days of the effective date of the action or within 30 calendar days after the date of the receipt of the agency’s decision, whichever is later.

However, some federal employees either don’t have MSPB rights or need to comply with different timelines. Differences are most frequently for U.S. Postal Service and U.S. Department of Veterans Affairs employees.

You can submit your appeal by commercial overnight delivery (ex: FedEx), personal delivery, mail, fax, or online through the MSPB’s e-filing system. The date of filing by mail is considered to be the postmark date. Do note, however, that appeals and other submissions absolutely cannot be made by email.

Do I Need a Federal Employment Attorney to File With the MSPB?

How you prepare your appeal can quite possibly determine the outcome of your case. Because of this, it’s important to have competent legal representation before filing an appeal with the MSPB. Something this important shouldn't be DIY-ed.

Melville Johnson, P.C. has vast experience with MSPB appeal filings and whistleblower complaints. Our President, Mr. George Johnson, and our team of federal employment attorneys has successfully served federal workers nationwide for more than 35 years.

We will fight for you and can advise you of your legal rights and inform you of any legal avenues available to you. Contact the first and best federal employment MSPB attorneys today at 404-465-3657 to schedule a consultation and get started on winning your case.

‍

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.

Back to Blog

what our clients are saying

“I really appreciate how much Melville Johnson cared about my case. From the very beginning of the process, their federal employee attorneys were friendly and very informative. We won the case, and they were even helpful afterwards, answering any questions or concerns. Thank you Melville Johnson, and I will definitely pass your good work along to others in need.”
- Jim R.

“Despite the complexity of my situation, Melville Johnson took on my claim and immediately put me at ease with a clear demonstration of their expertise with EEO law. From the very start, the firm’s team members have been amazing to work with—hardworking, honest and extremely trustworthy. I would recommend them to anyone who needed this type of legal assistance!”
- Bridget B.

“As a person with a disability working for the federal government, I knew I needed to get the right legal professional assistance for my case. And while the process could have been tedious and overwhelming for a layperson without much legal knowledge, Melville Johnson alleviated all the potential stress involved by taking the guesswork out of my hands. With their help, I received disability approval in record time! I want to thank you for the superior work your firm performed. From my very first contact, your Client Intake Manager took the time to answer all of my initial questions and provide detailed information at every turn. And your attorneys showed nothing but professionalism and kindness throughout the process.”
- Sandra B.

“The consummate professionals at Melville Johnson work closely with you to ensure your rights are being protected. As a current federal employee, I found myself in a situation where the job I was asked to do didn’t match the position description for which I was hired nor the compensation I deserved. With the firm’s help, I was able to obtain back pay and transfer into a position that matched the job I was performing."
- L.M.