This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.
By John V. Berry, Esq.
We represent federal employees nationwide before the Merit Systems Protection Board (MSPB) in federal employee appeals. It is not uncommon for federal employees to be unaware of how the MPSB works and what kinds of cases they hear. The answer is that they handle numerous types of federal employees appeals. The overwhelming majority of appeals that they hear involve appeals serious disciplinary actions. Their jurisdiction includes many other types of cases, including retirement, whistleblower and military discrimination cases (in addition to other types of case).
MSPB Appeals should be considered similar to being in court and federal employees should be represented by counsel. The government will be represented by an attorney and it is very difficult for an individual to represent themselves through this process.
Filing the MSPB Appeal
The first step in the MSPB appeals process is for a federal employee to file a MSPB appeal within the deadline. For many appeals that the MSPB hears (those involving serious discipline for federal employees), the deadline is typically 30 days from the effective date of the adverse action to file the appeal. The MSPB appeals process has mostly transitioned to electronic filing so the process is pretty efficient to start a case. It is very important to timely file the appeal and to even file it early given that an untimely appeal will likely be dismissed. Here is a link to an article about the filing of an MSPB appeal.
Receipt of the Acknowledgment Order
Usually, within a week of filing an MSPB Appeal, a judge will be assigned to the case and issue an order which basically sets the ground rules and timelines in each case. This is known as the Acknowledgement Order. This order is about 10-15 pages and provides a lot of information about the processing of the individual MSPB appeal and should be reviewed carefully so the deadlines and conferences are not missed.









