Roles Of The MSPB Employee Attorney

By Sharon Brooks


MSPB synonymously known as the merit systems protection board is a formation of the government in a particular state or country operating as a partial judicial body existing independently with the main roles of upholding the integrity of a governments systems as well as championing the rights of the staffs working in these systems. MSPB employee attorney has quite a lot of roles to play.

The merit systems protection board is composed of non- partisan intellects who owe no allegiance to certain political inclinations and autonomously executes its duties. The MSPB performs roles relating to handling employees complaints or cases relating but not limited to unlawful termination of services, suspensions, demotions and illegal ending of employment contracts.

To file a case with the MSPB, an employee should ensure the nature of the lawsuit filed falls under the jurisdiction of the board. After successfully submitting a request, the lawsuit progresses to full hearing whereby the employing authority is required to submit substantiated reasons justifying the removal or suspension of a staff. A worker will also have an opportunity of submitting evidence and witnesses in his or her defense outlining why he or she ought to be reinstated back or reimbursed for damages.

The board is tasked with a variety of responsibilities which includes hearing and ruling appeals made to it from the federal courts concerning labor disputes. A worker sacked from service initially files for a case with the federal courts and is entitled to the right of appeal with the MSPB in the case he or she is not contented with the rulings of a federal court. Additionally, the board is responsible for ensuring its orders and rulings are adhered to by the employing agencies and authorities.

Worth noting, an appeal is filed in this board through writing or submitted through online application within thirty working days after the termination of a contract or alleged suspension or demotion. To meet the set timelines and requirements for filling a compact case, an individual would require a seasoned attorney with the appropriate expertise in labor laws and relations. Amongst other skills such as brilliant communication and interpersonal skills, suitable legal representatives should possess a practicing license besides having the requisite educational qualifications.

In addition to the mentioned cases, the MSPB also hears cases involving suspensions. Suspensions issued are mainly disciplinary actions and should be instituted after informing the employee in writing thirty days prior to the suspension. Furthermore, the board listens to reduction cases tabled to it by the governments employees. Reduction takes after a demotion and involves instances where a particular employees rank is lowered or a senior position abolished.

Ultimately, after a fruitful case submission and hearing, an employee has numerous remedies at his or her disposal which may be ordered by the protection board. In the case of suspension, the affected staff may be reinstated back while in the case of demotion, an employee may be promoted back to the position they were initially in. Other remedies include settlement of all the wages lost, payment of all the medical expenses an employee may have incurred and backdating salary payments in cases a staffs salary was unlawfully slashed.

The MSPB is a statutory body founded primarily founded to offer protection to employees of a typical federal government of any state. Cases dealt with revolve around illegal termination of services, demotion, and suspensions. To aid an employee file a successful appeal, the particular staff would require an attorney well versed in labor laws as well as possessing the essential practicing papers and experience.




About the Author:



Aucun commentaire:

Enregistrer un commentaire