Adverse Agency Actions

Federal government employment law is complex. The federal workforce is governed by a broad range of employment, civil rights, and personnel laws.

Murray Law welcomes the opportunity to provide dedicated and experienced counsel and representation to federal employees. Steven Murray has successfully represented prevailing federal employees contesting adverse actions before the Merit Systems Protection Board, the Foreign Service Grievance Board, agency grievance proceedings, and employment discrimination and civil rights actions before the U.S. District Court of Colorado.

Federal Employee Representation

Murray Law represents federal employees in all phases of adverse actions, including disciplinary and performance-based actions.

Murray Law represents federal employees before federal agency employers and in agency grievance procedures.

Experienced representation is provided before the Merit Systems Protection Board, Equal Employment Opportunity Commission, U.S. District Courts, U.S. Circuit Courts of Appeal, including the Federal Circuit, and federal agencies.

Federal Employee Defense to Adverse Agency Actions

Federal employees have the legal right to challenge adverse agency actions.

An agency’s adverse action may be challenged in various forums, depending on the specific action, the status of the employee, and governing legal authority. For example, in general, a disciplinary suspension of 14 days or less may result in the action being contested within the available grievance procedure.

Murray Law provides experienced representation to federal employees concerning a wide range of adverse actions, from disciplinary actions resulting in a formal counseling, a warning or letter of reprimand, through actions resulting in reduction in grade, suspensions over 14 days, and in discharge actions based on conduct or performance.

Federal Employee Representation-U.S. Merit Systems Protection Board

Federal employment law provides employees the right to contest designated agency actions before the Merit Systems Protection Board [MSPB]. The Civil Service Reform Act of 1978 created the MSPB.

The MSPB has jurisdiction over a wide range of personnel actions. A federal employee is served by consulting an attorney experienced in federal government employment law in the event that he or she believes that he or she is a victim of an unlawful personnel action.

The vast majority of federal employees in the competitive service have appeal rights to the MSPB. An agency action which is not subject to determination by the MSPB may be subject to review by the Office of Personnel Management, the Office of Special Counsel, or one of many federal agencies addressing federal employment issues.

The following adverse actions are among the many personnel actions which may be challenged by federal employees before the MSPB.

  • Disciplinary Actions
    • Discharge from federal service.
    • Reductions in pay
    • Reductions in grade
    • Suspensions for more than 14 days
  • Unacceptable Performance Actions
    • Discharge from federal service.
    • Suspensions for more than 14 days
  • Denial of Within Grade Increase
  • Reductions in Force
  • “Mixed-Case”
    • A “mixed-case” is an appeal of an adverse personnel action to the MSPB, i.e. discharge, in which a federal employee asserts the personnel action was impacted by improper discrimination against the employee because of his or her protected status.
Conclusion

Murray Law welcomes the opportunity to provide legal counsel and representation to any federal employee who believes that he or she is the subject an adverse agency action presenting any form of harm to the employee’s professional interests. Please call Steven Murray at 720-600-6642.

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