Washington, D.C. Merit Systems Protection Board Lawyers

Attorneys Representing Federal Employees in MSPB Hearings and Appeals in Washington, D.C.

Federal employees in Washington, D.C. who face disciplinary action, removal, or other adverse personnel decisions can take steps to challenge those actions before the Merit Systems Protection Board (MSPB). The MSPB serves as a critical safeguard for protecting the rights of career federal employees. When agencies initiate investigations or propose discipline, employees can act to protect their rights, avoid severe career consequences, and achieve fair outcomes to these matters.

The attorneys at the Federal Employee Legal Services Center provide representation for federal employees throughout every phase of the MSPB process, from the initial stages of agency investigations to written responses and formal appeals. With a deep understanding of federal employment law and MSPB procedures, our lawyers provide essential guidance to employees who are facing serious allegations, helping them respond effectively and protect their reputations, job security, and careers.

What our clients are saying

"Ms. Dettling was the expert I needed in my MSPB case against the US Army. She her expertise guided me through the year long ordeal with the agency. During pre-hearing meetings, Ms. Dettling's understanding of the law and similar case law gave me a clear advantage. She is smart, tough and does her homework to make sure you have the best case and ability to win...I would not hesitate to recommend her to others. Ms. Dettling is the best of the best."
-Deborah

Legal Assistance During Federal Employee Investigations

Federal agencies will typically begin disciplinary proceedings with an internal investigation. These investigations may be initiated due to alleged misconduct, performance issues, or violations of agency policies. During this stage, the employee may be asked to provide a statement, participate in interviews, or respond to findings.

Early legal involvement is critical. Our attorneys can advise clients on how to respond to investigative inquiries, help prepare written statements, and ensure that an employee's rights will not be violated during the process. We can communicate with agency investigators, clarify the facts, and begin preparing a defense before formal charges are proposed.

Investigations that may appear to be routine can quickly lead to proposals for discipline. Securing representation from a lawyer early in the process can help reduce the likelihood of harsh penalties. When possible, our attorneys will work to resolve matters before formal action is taken.

Responding to Proposals for Discipline or Removal

If an agency decides to move forward with discipline, it will issue a written proposal that outlines the reasons for the proposed actions. The proposed discipline may involve a suspension, demotion, or removal from federal service. The employee will have the opportunity to submit a written response to proposed disciplinary action and request an oral reply from a deciding official.

Our attorneys help federal employees craft persuasive written responses that challenge the factual and legal basis for a proposal for discipline. We can:

  • Gather and present mitigating evidence
  • Identify procedural errors or policy violations by the agency
  • Argue for lesser penalties when appropriate
  • Clarify misunderstandings or dispute incorrect allegations

In many cases, a well-prepared response can lead to the withdrawal or reduction of the proposed penalty. Our lawyers will also participate in oral replies, ensuring that an employee's defense is clearly articulated and presented correctly.

Representation in Merit Systems Protection Board Appeals

When a disciplinary action becomes final, the employee may appeal the decision to the MSPB. This appeal must be filed within 30 days of the effective date of the action. The MSPB process includes:

  • Filing a formal appeal
  • Participating in status conferences
  • Engaging in discovery, including document exchange, depositions, and interrogatories
  • Submitting legal arguments and evidence
  • Attending a hearing that will be held before an administrative judge
  • Receiving a written decision

Our attorneys represent employees throughout this process, developing legal strategies, submitting briefs, preparing witnesses, cross-examining agency representatives, and making arguments before an administrative judge. Legal representation is critical to ensure that an MSBP appeal is properly structured, that all deadlines are met, and that the evidence is presented in a compelling manner.

Defending Against Career-Damaging Penalties

Adverse personnel actions can have long-term consequences. In addition to the loss of a job, an employee may suffer damage to their reputation, financial hardship, difficulty obtaining future employment with federal agencies or other employers, and the loss of retirement benefits or security clearances. Our lawyers will work to minimize or prevent these outcomes by:

  • Challenging the severity of the penalty
  • Disputing the agency's evidence
  • Arguing that the penalty is inconsistent with the agency's past practices
  • Highlighting the employee's years of service, performance record, or other mitigating circumstances

When appropriate, the Federal Employee Legal Services Center can also negotiate settlements that will allow an employee to resign without adverse findings, maintain eligibility for future employment, or receive financial compensation.

Additional MSPB-Related Legal Services

Our attorneys also assist with related matters that may arise in MSPB cases, including:

Addressing these issues will require a thorough understanding of federal employment laws and the protections provided to employees. The Federal Employee Legal Services Center is equipped to address these matters. Our goal is to protect an employee's rights and prevent issues that could negatively affect their career.

Contact Our Washington, D.C. MSPB Appeal Attorneys

For federal employees who are facing disciplinary action, the decisions made when filing an appeal with the MSBP can have a significant impact on their future. The attorneys at the Federal Employee Legal Services Center provide dedicated legal representation for employees during investigations, hearings, and appeals. Contact our Washington, D.C. MSPB lawyers today at 202-204-2226 to discuss your case in a free consultation and begin building a defense that will help to protect your job, your reputation, and your career in public service.

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