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Federal Employment Law

The attorneys of the Military Law Group of Jones, Blechman, Woltz and Kelly are experienced in providing worldwide representation of federal civilian employees and members of the United States Postal Service in adverse action cases before the Merit Systems Protection Board (MSPB), Discrimination Claims before the Equal Employment Opportunity Commission (EEOC), Whistleblower Complaints through the Office of Special Counsel (OSC), Arbitrations and Agency Grievance actions. We have represented clients in the Commonwealth of Virginia and overseas in these matters.

Merit System Protection Board

The Merit System Protection Board was established by the Civil Service Reform Act of 1978. the MSPB was charged with protecting government employees from abuses by agency management, that executive branch agencies make employment decisions in accordance with MSPB principles and ensuring that prohibited personnel practices do not occur. The MSPB has jurisdiction over the appeals of about 2 million federal employees. The ability to appeal an agency action to the MSPB varies according to the law and regulations covering those actions and the status of the employee. Employees who can appeal agency actions are typically those who are in the competitive service and have completed a probationary period and those in the excepted service and have at least two years of continuous service.

The process begins with an appeal of the agency action to the appropriate MSPB regional or field office. The Employee and the United States each have rights of discovery and the power to conduct depositions. A hearing will then be held before an administrative law judge who will issue a written decision. Either party may file a Petition for Review with the Board if they are not satisfied with the administrative law judge's decision. The administrative law judge's decision becomes final if neither party files an appeal within 35 days after issuance. The MSPB's decision on the Petition for Review is the final administrative action.

Our attorneys will aggressively prepare your case by pursuing discovery and depositions of agency personnel. We will work with you to obtain witnesses and evidence to favorably present your case. Finally, we will aggressively argue your case before the administrative law judge. If necessary we will file and prepare support for the Petition for Review before the Board.

Merit System Protection Board Appeals

The Board's final decision may be appealed to the united States Court of Appeals for the Federal Circuit, or, in cases involving allegations of discrimination, to the United States District Court. Certain cases involving the Board's original jurisdiction may be appealed to the United States Court of Appeals for the Federal Circuit.

Whether you have a case before the MSPB or an appeal of an MSPB decision, our attorneys will thoroughly prepare your case and provide the benefit of their experience in dealing with DoD and other federal agencies, administrative law hearings and matters before the MSPB and the federal appellate legal system.

The Military Law Group is a practice group of the firm of Jones, Blechman, Woltz and Kelly, P.C.