MSPB Attorney -Understand MSPB and What your Rights are
MSPB or the US Merit Systems Protection Board is an independent agency that is responsible to serve as the guardian of Federal merit systems. MSPB is the board thru which removals, suspensions, demotions, or reduction in grades are over seen and where disputes are hear. MSPB also makes administrative decisions, regarding civil service retirement and federal employee retirement, and it oversees numerous other programs and acts that affect the rights of federal employees. Because of this any dispute you may have as a federal employee may require the services of a MSPB attorney who specializes in MSPB regulations.
MSPB oversees all termination decisions, and their decision process can be complex making it advisable for you to have a MSPB attorney to help you better understand the process and your rights. The board uses twelve different factors to determine whether you have been properly terminated or discipline as a federal employee. Some of the things they consider are the nature and seriousness of the offense, how long you have been employed and what type of employment you have with the federal government.
They look at your past record of employment, whether the offense affects your ability to perform your job, how the penalty has been applied to other workers recently, how the offense will impact the agency, whether you can be rehabilitated, and any other mitigating circumstances. Finally they examine what they can do to avoid such issues in the future both for you and the other employees. If you are concerned that your rights have been violated during the termination process and your case is up for review the MSPB board you would be advised to retain an MSPB attorney that specializes in these cases.
A MSPB attorney may also be retained if you need to file a disability retirement, a benefit administered by the OPM that is available to all eligible federal employees that qualify. To qualify for this benefit you must meet the definition of disability. Eligibility is based on having completed five years of service, unless you are a FERS worker then you are only required to complete 18 months. You must have become disabled while working for the government and your disability must have lasted for one year and kept you from being able to complete your job.
For you to qualify for disability benefit you must only prove that you are not able to provide effective service in your position, not that you are totally disabled. Many people misunderstand this and as a result do not apply for the disability retirement. These applications are carefully reviewed first by the OPM and then eventually by the MSPB if they are denied, so retaining the services of a competent MSPB attorney can help you win your case quicker.
It is important to remember that while MSPB is a review board whose job is to oversee fair employment practices in the federal government, they are still a government agency, and retain lawyers that look out for the best interests of the federal government not you. You will want to hire a MSPB attorney such as Snider Law that specializes in these cases and understands your rights and will fight for them.
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