When discussing employment issues, oftentimes the distinction between federal employees and private employees arise. Federal employees may have different rights than private employees. What protections are afforded to federal employees? Let’s learn.
What is the Merit Systems Protection Board?
The Merit Systems Protection Board (MSPB) is an executive agency that was created in order to protect the rights of federal civil service employees. It is important to understand that the MSPB functions without any relation to partisan politics in order to provide federal civil service employees with an unbiased opportunity to appeal adverse and unfair personnel decisions. As mentioned above, this an executive agency, therefore the members of the MSPB are appointed solely by the President of the United States.
What Protections are Provided by the Merit Systems Protection Board?
Federal civil service employees who have been terminated from employment from a federal (public) entity have the right to appeal the decision of termination. The right to appeal a decision of termination does not exist for private employees. The appeal to a termination would go directly to the MSPB.
As mentioned above, the MSPB provides federal civil service employees with the opportunity to appeal adverse and unfair personnel decisions. These adverse and unfair personnel decisions may be due to unethical, unfair, or unlawful treatment – such as discrimination, retaliation, and whistleblowing.
The areas of which the MSPB has jurisdiction, include but are not limited to, instances of: termination, demotions, suspension from employment, and issues of retirement benefits.
If the MSPB decides that an employer acted unlawfully, unethically, or did not follow the proper federal procedures, the MSPB may overturn the employer’s decision. It is monumentally important to note that filing and preserving MSPB claims are limited by timely deadlines and it would be beneficial to consult an employment attorney to discuss those claims.