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How may the Merit Systems Protection Board help reinstate my job?

On Behalf of | Nov 8, 2022 | Employment Law For Employees |

If you are a federal employee, the U.S. Merit Systems Protection Board may reinstate your employment if you were wrongfully terminated. As the mspb.gov website notes, the Board’s function is to help ensure that the federal workforce remains free of prohibited and unfair labor practices.

The MSPB may examine the evidence, conduct a hearing and render a decision when a federal employee files an appeal. Many of the cases heard by the Board are appeals made by federal workers who have experienced adverse actions such as unfair terminations or reductions in pay or grade. You may also file an appeal with the MSPB if a federal employer passed you up for a promotion based on favoritism.

What might the MSPB do if it finds my termination was unfair?

If the Board’s determination shows that a federal agency subjected an employee to an improper action, it could compel the agency to reverse the action taken. Under certain conditions, the MSPB may also order financial relief, such as back pay, in addition to a reinstatement. In some cases, however, time limits could apply when filing an appeal for relief. Overall, political appointees are generally excluded from seeking relief from the MSPB.

May I file an appeal if my termination was in retaliation for acting as a whistleblower?

Unless you work for the Federal Bureau of Investigation, you may file an appeal with the Board in certain cases relating to your actions as a whistleblower. Cases relating to FBI whistleblower issues, however, fall under the jurisdiction of the U.S. Department of Justice.

When seeking corrective action relating to whistleblower retaliation, the circumstances may require you to first file a complaint with the Office of Special Counsel. If the OSC does not take corrective action, however, you may then file an appeal with the MSPB.