Washington, D.C. Whistleblower Attorney for MSPB Appeals

Lawyer Helping Federal Employees File Appeals With the MSPB to Address Whistleblower Retaliation in Washington. D.C.

Federal employees have the right to report misconduct in the agencies where they work, and they are encouraged to do so to help ensure that the government can operate efficiently while abiding by the law. Employees are legally protected from retaliation, but despite these protections, whistleblowers are often targeted with disciplinary actions or forced out of their positions after making protected disclosures.

When whistleblower retaliation results in an adverse personnel action, federal employees may appeal the matter to the Merit Systems Protection Board (MSPB). The MSPB serves as an independent forum where federal workers can challenge unlawful retaliation and seek corrective action. The attorney at Federal Employee Legal Services Center assists employees in Washington, D.C. through every stage of the MSPB process, working to ensure that agencies are held accountable and that employees' rights are protected.

Whistleblower Retaliation and the Role of the MSPB

The MSPB has jurisdiction to hear appeals involving adverse personnel actions that result from whistleblower retaliation. These actions may include termination, suspension for more than 14 days, demotion, reduction in grade or pay, reassignment without consent, significant changes in duties or working conditions, or denial of within-grade increases or promotions.

To succeed in an MSPB whistleblower appeal, the employee must demonstrate that:

1. They made a protected disclosure or engaged in protected activity
2. The agency took or threatened to take a covered personnel action
3. The protected activity was a contributing factor in the personnel action

If these elements are established, the burden shifts to the agency to prove by clear and convincing evidence that it would have taken the same action in the absence of the protected disclosure. The MSPB provides an opportunity for whistleblowers to challenge the agency's actions, present evidence, and seek remedies to restore their careers and reputations.

Options for Federal Employees Facing Whistleblower Retaliation

Federal employees who experience retaliation may pursue several legal avenues. The MSPB process is available under two main paths:

• Individual Right of Action (IRA) Appeals: An employee who does not have a direct appeal right to the MSPB for the personnel action taken can file an IRA appeal after first filing a complaint with the U.S. Office of Special Counsel (OSC) and receiving a notice of termination or delay.
• Direct Appeals: Employees who have been subjected to appealable adverse actions can raise whistleblower retaliation as an affirmative defense in a direct appeal to the MSPB.

Legal Help During MSPB Whistleblower Appeals

MSPB proceedings involve strict procedural requirements and complex legal issues that can be difficult to navigate without professional guidance. Our attorney can provide representation during whistleblower retaliation claims before the MSPB, assisting with:

• Initial Case Evaluation: Our lawyer will review the employee's disclosures and the adverse actions to determine if the case qualifies for an MSPB appeal.
• Filing Appeals: Our attorney will help to prepare and submit the necessary documents to initiate an MSPB appeal, whether through a direct appeal or an Individual Right of Action.
• Discovery and Evidence Gathering: Our lawyer will request relevant documents from the agency, interview witnesses, and prepare declarations or sworn statements.
• Pre-Hearing Conferences: Our attorney will provide representation during status conferences, motions, and procedural matters.
• MSPB Hearings: Our lawyer will present a case before an administrative judge, including examination of witnesses, cross-examination of agency officials, and submission of legal arguments.
• Post-Hearing Relief: Our attorney will seek appropriate remedies, including reinstatement, back pay, correction of personnel records, and compensatory damages when applicable.
• Further Appeals: If necessary, our lawyer can pursue petitions for review with the full MSPB or judicial review in the U.S. Court of Appeals.

Our attorney will work to ensure that any settlement reached during the process will include provisions that protect the employee against future retaliation, restore lost opportunities, and provide financial compensation for the harm suffered.

Holding Government Agencies Accountable

Federal agencies have a legal and ethical duty to refrain from retaliating against employees who report wrongdoing. When they fail to uphold this obligation, they must be held accountable. Our lawyer works to ensure that whistleblower protections are not just theoretical but enforceable. This includes:

• Challenging false justifications for adverse actions
• Exposing retaliatory motives masked as performance or conduct concerns
• Demonstrating a pattern of retaliation or a hostile response to whistleblowing
• Seeking systemic remedies when retaliation reflects broader agency culture or policy failures

By holding agencies accountable through the MSPB process, our attorney fights to safeguard the principles of fairness, transparency, and accountability in federal employment.

Protecting Careers and Preventing Further Retaliation

For many whistleblowers, the greatest concerns may not only involve the immediate consequences of retaliation, but also the long-term effects of these matters on their federal careers. Our lawyer works to protect employees from further harm by:

• Seeking reinstatement or alternative assignments in neutral environments
• Negotiating non-disparagement and confidentiality clauses in settlements
• Providing guidance on post-appeal employment rights and options
• Monitoring compliance with settlements or corrective orders

By focusing on the employee's future as well as the outcome of the appeal, our goal is to ensure that clients can move forward with stability, dignity, and a restored sense of purpose in public service.

Contact Our Washington, D.C. MSPB Whistleblower Retaliation Lawyer

For federal employees who have suffered retaliation for protected whistleblowing activity, the Merit Systems Protection Board may provide a path to justice. At Federal Employee Legal Services Center, we are committed to defending the rights of federal workers, ensuring that agencies are held responsible, and helping whistleblowers recover from unlawful treatment. Contact our Washington, D.C. whistleblower retaliation and MSPB appeals attorney at 202-204-2226 to schedule a consultation and begin the process of protecting your job, your rights, and your future.