Merit System Protection Board Cases

Merit System Protection board Cases

What is it?

Litigating adverse personnel actions before the Merit Systems Protection Board (MSPB) requires navigating strict filing deadlines, specialized hearing procedures, and complex civil-service law. The MSPB handles federal employees’ appeals of removals, suspensions, demotions, performance-based actions (including PIPs), and prohibited personnel practices (like discrimination and retaliation). With over 20 years of dedicated federal practice, Morris E. Fischer, LLC guides you through every step—timely appeal filings, strategic evidence gathering, vigorous hearing advocacy, and securing reinstatement, back pay, or other corrective relief to protect your career.

Here is our guide on how to fill out an appeal:
https://www.morrisfischerlaw.com/blog/how-to-file-an-mspb-appeal-a-practical-guide-for-federal-employees-and-advocates/

How We Help You with MSPB Appeals

MSPB appeals protect federal employees from unjust adverse actions like suspensions or removals. Our services offer end-to-end support, from case assessment to vigorous representation, to challenge agency decisions and seek remedies like reinstatement and back pay.

Strategic Case Assessment

We analyze your adverse action and identify key legal issues to craft a targeted MSPB appeal strategy.

Timely Filings & Deadlines

We prepare and submit MSPB appeals within strict timeframes to preserve your right to a hearing.

Vigorous Hearing Advocacy

From discovery to ALJ hearings, we represent you forcefully—cross-examining witnesses and presenting compelling evidence.

Negotiation & Corrective Action

We negotiate reinstatement, back pay, and other remedies, and if necessary, pursue further appeals to secure your relief.

National Employment MSPB and EEO Lawyer

Litigating before the Merit Systems Protection Board (MSPB) and the EEOC can be complex. With over 20 years of experience, Morris E. Fischer, LLC gives your case the best chance of prevailing at every step.

MSPB Wrongful Termination Results

Nicole Nualart v. DHS, MSPB No. DC-0752-23-0084-I-2 (2024)

Prevailed on an MSPB decision mitigating termination to a 21-day suspension and reversing a lack of candor charge. The Judge found agency witnesses not credible and saved Ms. Nualart’s career.

Appellant v. Department of Homeland Security, MSPB No. (2022)

Obtained an MSPB decision mitigating termination to a 30-day suspension for alleged outside employment and financial disclosure falsification—applying the Douglas factors to preserve the employee’s job.

Annette Bates v. Department of the Treasury, MSPB (2015)

After 30+ years of service and wrongful removal, secured a $190,000 settlement, attorney fees, and expunged all negative records following key depositions and a superior Pre-Trial statement.

MSPB Whistleblower Retaliation Cases

Taylor Johnson v. DHS, MSPB No. SF-1221-16-0004-W-2

Represented Senior ICE Agent who testified to the Senate Committee on EB-5 program abuses. Overcame weapon and credential confiscation, retaliatory removal, and resolved the matter to the parties’ satisfaction.

Keegan v. Social Security Administration

Guided former SSA Associate Commissioner in televised Senate testimony on congressional misrepresentation of a $300M computer project, and litigated before the MSPB and oversight committees.

Jason Mount v. DHS, 1st Cir. No. 18-1762 (2019)

On appeal under the All Circuit Review Extension Act, secured a new standard requiring MSPB judges to accept sufficient factual allegations for whistleblower investigations.

MSPB Appeals FAQ

What is the MSPB?

The Merit Systems Protection Board (MSPB) is an independent federal agency that hears appeals from federal employees on adverse personnel actions such as removals, suspensions, demotions, and performance-based actions.

What actions can I appeal to the MSPB?
  • Terminations, suspensions (30+ days), and demotions
  • Performance Improvement Plans (PIPs) and performance-based removals
  • Prohibited personnel practices (e.g., discrimination, retaliation)
  • Reinstatement and back pay requests
When must I file my appeal?

You generally have 30 calendar days from the effective date of the agency action or from receipt of the notice of the action to file an MSPB appeal. Missing the deadline can forfeit your appeal rights.

What is the MSPB appeals process?
  • File appeal → MSPB issues acknowledgment order.
  • Discovery phase to gather agency documents and evidence.
  • Hearings before an Administrative Law Judge (ALJ).
  • ALJ issues initial decision → possible full-board review → federal circuit appeal.
What remedies can MSPB grant?
  • Reinstatement or corrective action
  • Back pay and benefits
  • Court-mandated adjustments to personnel records
  • Attorney’s fees and costs in certain cases
Do I need an attorney for an MSPB appeal?

Representation is not required, but MSPB procedures and deadlines are complex. Experienced counsel can help preserve your rights, navigate discovery, and present compelling arguments at hearing.

MSPB Success at a Glance

  • 30+ Years of Federal Appeals
  • 1,000+ MSPB Appeals Filed
  • Precedent-Setting Wins
  • Reinstatement & Back Pay Secured

Facing an unfair MSPB decision? Our experienced team can help appeal and restore your rights.

Contact Us Today