Merit Systems Protection Board (MSPB)

Termination of EmploymentThe mission of the MSPB is to protect employees from abuses by Management, and The Law Office of Jonathan Bell ensures that each client has zealous representation in protecting them from these abuses.

Within the MSPB, Jonathan Bell handles cases involving:

  • Removals
  • Suspensions over 14 days
  • Disability Retirement Actions (FERS and CSRS)
  • Involuntary Retirements and/or Resignations
  • Involuntary Transfers
  • Actions resulting in Reduced Compensation (Downgrades)
  • Unfavorable Suitability Determinations
  • IRA Appeals (Whistleblower Retaliation)
  • Uniformed Services Employment and Reemployment Act (USERRA) claims
It is important to contact a knowledgeable attorney who has experience with the unique procedural rules in the MSPB. Mr. Bell will present your case in a way that will give you the highest chance for success.

Jonathan Bell has tried many cases at the Merit Systems Protection Board. Due to his unique trial skills, he had gained the utmost respect from the Judges, which will add credibility to your case. The firm has been handling these cases for many years.

In a recent trial, after Mr. Bell’s performance, the Judge “warned” the Agency Representative that he is “leaning” towards finding for the Federal Employee and “recommended” the Agency engage in settlement discussions. The Agency quickly settled and after the Trial, the Judge came off the bench and complimented Mr. Bell’s presentation of his case.

A majority of the cases the firm has handled at the MSPB involved Federal Employees who were removed, wherein the employees were ultimately returned to Federal Service and awarded attorney’s fees. The firm takes great pride in these outcomes. In a recent case, a Federal Employee was removed for allegedly “stealing time” by leaving work two hours early each day before his shift ended. The Agency obtained video surveillance as evidence. Throughout discovery and depositions, the Agency refused to offer any settlement. Approximately one week before trial, the Agency caved in and offered the Employee their job back plus attorney’s fees and the employee settled a 30 day suspension. It was with great pleasure that we were able to save his pension, salary and livelihood.

In representing Federal Employees, the firm does not take these cases lightly. During the time we are fighting the MSPB matter, often client was removed and out of work. We understand the stress and hardship being out of work causes, and we spend our clients money very carefully. We do whatever it takes to place our clients in the best position to successfully return to work while being careful not to engage in practices designed to simply drive up the costs for clients, unlike other firms, who put profits before people. Call for a free consultation today with Mr. Bell.

About the Merit Systems Protection Board

The MSPB (Merit Systems Protection Board) was established as part of the Civil Service Reform Act of 1978 (CSRA), and was set in place to protect Federal Employees from inappropriate or unfair actions by the Executive branch agencies where they are employed. The MSPB ensures that agencies adhere to nine Merit System Principles, holding them accountable for abuse of these principles.

With a purpose of achieving an effective, efficient work force from all segments of society, with fairness in selection, equitable salaries and advancement based solely on one’s professional qualifications and performance. The Merit System Principles require that all decisions are made solely on merit, and without regard to an individual’s gender, race, religion, national origin, marital status, age, or handicapping condition.

The MSPB has been entitled with adjudicating power, meaning that the CSRA empowered the MSPB to settle legal disputes and appeals within its jurisdiction, and its decisions are legally binding. As a Federal Employee, you have the right to engage in discovery and request a hearing with the MSPB if you believe you have been treated unfairly. The Law Office of Jonathan Bell handles cases involving removals, suspensions over 14 days, Disability Retirement actions (FERS and CSRS), involuntary retirements and/or resignations, involuntary transfers, actions resulting in reduced compensation, unfavorable suitability determinations, IRA appeals (whistleblower retaliation), and the Uniformed Services Employment and Reemployment Act (USERRA) claims.

A Federal Employee’s due process according to the CSRA includes notice, charges against the employee, an opportunity to respond (verbally and in writing), representation by counsel, and a written decision by an MSPB administrative judge. You have the right to appeal the decision according to the law, and the agency may petition the Board for review. The process is complicated, and each step is reviewed carefully by the MSPB, so the counsel of an experienced attorney will give you the strongest possible chance for an outcome in your favor.

Mr. Bell regularly practices at the MSPB and will help you to understand and navigate your situation so you can operate from a strong, informed position. Our firm can represent you at any stage of a disciplinary action, from the initial investigative steps (including responding to a Proposed Action by your agency such as termination or suspension) to representing you in front of a deciding official in making your verbal reply to any proposal, to appealing to the MSPB and if necessary, the U.S. Court of Appeals for the Federal Circuit in Washington, D.C.