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Misconduct Actions

Federal Employee Law – Misconduct Actions

Federal Employee Misconduct Actions – Know Your Rights

Understanding your rights and protections as a federal employee is critical to retaining your job if your employer ever takes adverse actions against you. Private sector employees are free to use the civil court system to protect their rights. However, federal employees must take a different route if they want to fight any adversarial employment actions taken against them.

This route is the Merit System Protection Board (MSPB) and was designed exclusively for federal employees. If an action is taken against you and you wish to appeal — perhaps you feel the action is false, or that errors were made in filing the action — you must go through the MSPB. For example, if you suffer a suspension of more than 14 days for misconduct, you have the right to appeal the decision. Because a successful appeal can result in a reversal of the decision, it's critical to have an experienced Los Angeles federal employee attorney on your side. Ronald P. Ackerman represents clients just like you every day, and understands how the system works. His federal employee client base is not only in Los Angeles, but also nationwide.

The Merit System Protection Board Process

If you and your federal employment lawyer decide to go ahead and file an appeal with the MSPB over any misconduct actions, you can expect the process to go something like this:

  • Typically, you must file your appeal within 30 days of the effective date of the disciplinary action.
  • You or your attorney can file the appeal via an online form, through regular mail, fax, or personal delivery.
  • After your appeal is received, it's assigned to a judge. It's then formally acknowledged via an order with specific instructions and deadlines. Your attorney can help ensure you meet these deadlines correctly.
  • The case proceeds quickly. Your federal employment lawyer represents you at the hearing. The Administrative Judge (AJ) listens to witnesses and examines evidence from both sides.
  • Post-hearing, the AJ issues a decision.
  • You may appeal the decision if you are unhappy with it within 35 days — after it becomes final.

Your Los Angeles Federal Employment Attorney Will Protect Your Rights

During such a critical point in your career, you need an experienced and sympathetic attorney by your side. I focus only on federal employment law, and my goal is to help you get back on your career track. Contact my offices, Ronald P. Ackerman, P.C., for a confidential consultation at 310-649-5300 today.