Disciplinary & Adverse Actions/MSPB Solely Focused on Federal Employment Law

MSPB Attorneys with Offices in the Tampa Bay Area

Vigorously Advocating for Federal Employees Throughout the United States

The Merit Systems Protection Board (MSPB) is the federal government agency responsible for hearing appeals from federal employees that have been terminated, suspended, or demoted due to alleged poor performance or misconduct. The agency is meant to protect the rights and due process of federal employees. MSPB appeals can assist federal employees that have been the victim of punitive, arbitrary, or politically motivated disciplinary and adverse actions.

If disciplinary or adverse actions are inappropriately taken against you, you have the right to challenge the decision through the MSPB. Under the Civil Service Reform Act, federal employees are guaranteed due process rights to ensure that they are not being subject to adverse or disciplinary actions for inappropriate reasons. Among these rights is the right to legal representation.

Challenging Unfair Actions? Contact Our Tampa Bay MSPB Attorneys Today.

Our MSPB attorneys at Legal Lion Employment Law Firm can serve as your fierce advocate during federal employee investigations and the formal appeals process. We have assisted clients targeted with disciplinary and adverse actions employed by numerous federal government agencies throughout the United States and can provide you the professional legal guidance that you need to achieve a favorable outcome in your MSPB hearing.

Strategies for Responding to Federal Disciplinary Actions

When proposed disciplinary or adverse actions are enacted, you will need to consider all of your legal options in order to protect your career and employment record. This typically includes a response to a proposed disciplinary action and then appealing the agency’s decision to the MSPB.

Hiring experienced legal representation can put you in a better position to manage an appeal before the MSPB. Our team will thoroughly evaluate your agency’s case and determine what motivated the disciplinary or adverse action.

We will work to demonstrate the agency’s reprisal or deficiencies if you were inappropriately reprimanded or dismissed in a hearing before the MSPB. Agencies are not permitted to pursue disciplinary or adverse actions as a means of reprisal or on the basis of discrimination. If you were discriminated against, you may also be able to file a claim with the Equal Employment Opportunity Commission (EEOC).

In some instances, a federal agency will fail to honor your due process rights. They may not give you the required notice ahead of taking an adverse action, for example, or they may refuse to consider evidence or testimony that you attempt to submit. Due process violations can also occur when decisions are made based on evidence not provided to the employee being charged. In these instances, the MSPB is obligated to throw out the offending decision.

Need Help with MSPB Appeals? Call Our Tampa Attorneys Now.

What Are Disciplinary and Adverse Actions?

In order to discipline, demote, suspend, or dismiss you, the federal government is required to go through the formal process of proposing a disciplinary or adverse action. When your federal agency believes that your job performance is inadequate or that you were responsible for some form of misconduct, they will issue a “notice of proposed disciplinary or adverse action.” This document will outline and explain the charges made against you. A proposed disciplinary or adverse action is typically preceded by a federal employee investigation conducted by government lawyers and agency officials.

Disciplinary actions can include letters of reprimand and suspensions of 14 days or fewer. Adverse actions involve suspensions of 15 days or more, demotion, or termination.

When you receive a notice of proposed disciplinary or adverse action, you should immediately explore hiring legal representation. Penalties in disciplinary or adverse action cases, including suspensions, terminations, and demotions, will in most cases remain on your Official Personnel File (OPF) permanently. This will jeopardize your ability to advance your career in both the public and private sectors.

Why You Need Legal Representation for Your MSPB Hearing

If you suspect that you are the victim of punitive or inappropriately motivated disciplinary or adverse action, you should assume that your agency is carefully positioning your case to all but guarantee that your appeal is rejected. Our MSPB attorneys who are based out of the Tampa Bay Area have a complete knowledge of federal employment law and can effectively combat inflated and false charges.

Our legal team will do everything possible to facilitate a successful appeal, which can yield the following benefits:

  • Reinstatement of your position
  • Reinstatement of your pay and benefits
  • Awards for compensatory damages, including any appropriate back pay and legal expenses
  • Removal of disciplinary or adverse actions from your OPF
  • Any promotions or pay grade bumps that were improperly denied

Should the MSPB reject your appeal, we can consider appealing the agency’s decision to a federal court. We will evaluate every facet of your situation and help you understand your legal options.

We understand that your career and professional reputation are at stake. Even a seemingly minor disciplinary action can damage your ability to advance, while an adverse action resulting in termination can threaten to end your federal employment career entirely. Our MSPB attorneys who are located in the Tampa Bay Area are committed to championing the rights of federal workers accused of misconduct and will stop at nothing to deliver the favorable results that you need.

Get the legal guidance you need in navigating your MSPB appeal. Schedule a free initial consultation by calling (813) 437-4447 or contacting us online.

Why Clients Continue to Choose Us

  • Direct Legal Access

    Clients will interact with our attorneys directly instead of office staff and paralegals.

  • Free Consultations

    Free Consultations are available for every situation without time restraints.

  • Cost Effective

    We keep costs low and effective for all of our clients. It is more important for us to help federal employees in need of guidance and advice.

  • Available Outside Business Hours

    We make ourselves available outside of business hours upon request.  

The Intricacies of Federal Employment Law Are Vast & Complex

Schedule a Free Consultation Today
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