Practice Area

Merit Systems Protection Board (MSPB)

Federal employees are entitled to a fair and just workplace. However, unlawful or unfair treatment can occur. If you believe your agency has unjustly disciplined, demoted, or terminated you, you have legal options. The U.S. Merit Systems Protection Board (“MSPB”) oversees these matters.
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Stephanie F. Dominguez

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What is the Merit Systems Protection Board (MSPB)? The MSPB was created by the Civil Service Reform Act of 1978 to oversee the federal merit system. It is an independent agency within the Executive Branch that ensures fair treatment of federal employees.
  • Handles appeals from federal employees who believe they were unfairly disciplined (suspended, demoted, terminated) due to performance or misconduct.
  • Conducts studies and provides oversight of the Office of Personnel Management (“OPM”).
The MSPB Does Not Handle:
  • Whistleblower retaliation claims for FBI employees (handled by the Department of Justice).
  • Staffing, hiring, retirement, and benefits advice (handled by OPM).
  • Discrimination complaints (generally handled by the Equal Employment Opportunity Commission).
  • Investigations of prohibited activities (handled by the Office of Special Counsel).
  • Unfair labor practice complaints (handled by the Federal Labor Relations Authority).
  • Appeals from non-federal employees (private sector, state, and local).
We understand the challenges of facing an MSPB case. Our expertise helps you navigate the process, avoid costly mistakes, and achieve the best possible outcome for your legal matter. We can assist you in fulfilling eligibility requirements, adhering to deadlines, and exploring available exceptions and extensions. We help federal employees facing:
  • Misconduct Allegations (including illegal acts and unbecoming behavior)
  • Performance Issues Used to Disguise Discrimination
  • Discrimination Based on Bias
  • Retaliation for Speaking Out
  • Filing an Appeal with the MSPB
The MSPB Appeals Process:
  • File an Appeal: Use the MSPB e-Appeal portal for efficient filing and tracking.
  • Assignment: An administrative law judge is assigned to your case.
  • Discovery: Gather evidence and information relevant to your case.
  • Hearings: The judge may hold hearings to hear testimony.
  • Decision: The judge issues a decision based on the evidence and testimony.
  • Review: You or the agency can petition for review of the judge’s decision.
MSPB Mediation Appeals Program (“MAP”):
  • Optional: Both you and the agency can elect to participate in MAP.
  • Benefits: A neutral judge facilitates mediation to help reach a settlement.
  • Consult with an attorney before agreeing to any settlement.
Contact our firm at (424) 340-5805 to schedule an initial consultation with the Law Office of Stephanie F. Dominguez. Experienced Employment Attorneys Serving Federal & State Employees in Riverside, Los Angeles, San Bernardino, San Diego, and Adjacent Counties.
  • Understand the key facts
  • Learn your rights and options
  • Discover practical steps
  • See how our firm can help
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