The U.S. Merit Systems Protection Board is an independent, quasi-judicial agency in the Executive branch that serves as the guardian of Federal merit systems.  It is responsible for adjudicating employee appeals of:

• Personnel actions over which the Board has jurisdiction, such as removals, suspensions, furloughs, and demotions;
• Administrative decisions affecting an individual's rights or benefits under the Civil Service Retirement System or the Federal Employees' Retirement System;
• Complaints filed under the Whistleblower Protection Act, the Uniformed Services Employment and Reemployment Rights Act, and the Veterans Employment Opportunities Act;
• Cases brought by the Special Counsel, principally complaints of prohibited personnel practices and Hatch Act violations;
• Requests to review regulations of the Office of Personnel Management that are alleged to require or result in the commission of a prohibited personnel practice-or reviewing such regulations on the Board's own motion;
• Ordering compliance with final Board orders where appropriate; and
• Conducting studies of the Federal civil service and other merit systems in the Executive Branch to determine whether they are free from prohibited personnel practices.

Tully Rinckey handles M.S.P.B. cases anywhere in the United States.  

If you’re a federal employee who believes you have been the subject to a personnel action that is unfair or adverse to you.  Call our firm to set up a consult Tully Rinckey at 202-787-1900.   

< Return to Top >  

There are twelve factors determining the appropriate discipline for Federal employees as articulated in Douglas v. Veterans Admin, 5 M.S.P.R. 280 (1981). These factors consist of the following:

• Nature and seriousness of the offense;
• Employee's job level and type of employment;
• Employees past disciplinary record;
• Employees past work record;
• Effect of the offense upon the employee's ability to perform at a satisfactory level and it's effect upon a supervisor's confidence in the employee's ability to perform assigned duties;
• Consistency of the penalty with those imposed upon other employees for the same or similar offenses;
• Consistency of the penalty with a table of offenses;
• Notoriety of the offense or its impact upon the reputation of the agency;
• Clarity on the employee was on notice of the rules that were violated;
• Potential for rehabilitation;
• Mitigating circumstances; and
• Adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others.

< Return to Top >  

The charging process is deceptively critical. It looks pretty straightforward when the federal employee receives his or her notice to remove or other disciplinary letter. However, one of the most critical aspects of your case is at the charging stage of the case.

It's important to understand that a federal employee can be charged very differently for the same conduct. 

< Return to Top >  

The M.S.P.B. acknowledgment order is an extremely important document. It lists the deadlines for various important events in the case and the rules for the litigation that are ongoing. Administrative Law Judges have the power, and it's not uncommon, for them to dismiss a federal employee's M.S.P.B. case for the federal employee not following the rules of the acknowledgement order.

Discovery, which is the information gathering stage of the case, is a process that can be the difference maker in prevailing or not prevailing in a federal employee M.S.P.B. case. For example, one of the Douglas factors as described above is the manner in which the discipline penalty has been administered by the government agency to other federal employees similar to the federal employee who is being currently charged. Your attorney during discovery has the opportunity to demand that the federal agency produce all records of other discipline given to other federal agency employees for the same conduct you have been charged with. Failing to request these records in a timely manner and failing to make the necessary motions when the government withholds these important documents can be a fatal flaw in the federal employee's M.S.P.B. case. The acknowledgement order contains many of these rules regarding this process.

< Return to Top >  

Tough Aggressive Representation

The government has unlimited resources to bear against you. Tully Rinckey has litigated hundreds of cases at the MSPB. The government's position on your case may depend on who opposing counsel is.  If that attorney does not practice often before the M.S.P.B. , and hasn't seen this before, the federal employee could be disadvantaged. The difference in a successful or unsuccessful result in an M.S.P.B. case sometimes is not that much different.

At Tully Rinckey, out attorneys have had extensive experience in litigating against the federal government on behalf of federal employees. We routinely take cases to the Full Board of the MSPB and to the Federal Circuit when we believe that a Judge has misapplied the law. Our Attorney's have orally argued numerous cases before the Federal Circuit in Washington D.C. It is our closely held belief that every federal employee has the right to a fair hearing and proper application of the Douglas factors. Federal employment careers are very important and should be taken seriously.During our initial consultation, an experienced attorney from our firm will review with you the critical facts in your M.S.P.B. case. The attorney will help you identify and set forth a litigation plan.

Our attorneys can consult with you in person at 1800 K Street or we can do the consult via phone. Don't put your Federal Career in jeopardy, contact us today at   202-787-1900 to set up a consultation.

< Return to Top >