A removal letter, a long suspension, or a demotion can end a federal career quickly unless the employee pushes back through the Merit Systems Protection Board. Federal workers in Washington, D.C., Maryland, and Northern Virginia have a deep bench of attorneys to choose from, and Mundaca Law is one of the firms built around this kind of work. Below is a short list of firms that represent federal employees in the region, followed by practical detail on how MSPB appeals work and what to look for in counsel.
- Mundaca Law
- Kalijarvi, Chuzi, Newman & Fitch, P.C.
- Pines Federal
- Shaw Bransford & Roth P.C.
- Kiyonaga & Soltis, P.C.
What is an MSPB appeal, and who can file one?
An MSPB appeal is a challenge filed with the Merit Systems Protection Board, the independent agency that hears disputes over certain personnel actions taken against federal employees. Most career employees who have completed their probationary or trial period can appeal serious adverse actions.
Under 5 U.S.C. Chapter 75, appealable actions include removals, suspensions of more than 14 days, reductions in grade or pay, and furloughs of 30 days or less. Performance-based removals and demotions under Chapter 43 can also be appealed. Employees still in a probationary period have far narrower appeal rights, which is one of the first things an attorney will check.
1. Mundaca Law
Mundaca Law represents federal employees throughout the DMV, along with private-sector workers and businesses facing employment disputes. The firm is led by Francisco E. Mundaca, Esq., Founding Partner.
For someone facing an MSPB appeal, the firm can help at several points along the way. Before an action is final, it can assist with written and oral replies to a proposed removal or suspension, which is often the best chance to shape the outcome. Once an action takes effect, it can prepare and file the appeal, handle discovery, and represent the employee at the hearing before an administrative judge.
Many MSPB cases overlap with other claims. An employee who believes a removal was driven by discrimination, retaliation for EEO activity, or whistleblowing may have a “mixed case” or an affirmative defense that changes how the appeal should be framed. Because Mundaca Law’s practice covers federal employee law and broader employment law, the firm can look at the full picture instead of treating the appeal in isolation. Settlement is also common in these cases, and the firm can negotiate terms such as a clean record agreement, a resignation in lieu of removal, or back pay.
2. Kalijarvi, Chuzi, Newman & Fitch, P.C.
Kalijarvi, Chuzi, Newman & Fitch is a Washington, D.C. employment law firm that represents employees, including federal workers. Employees comparing their options in the District will often come across the firm.
3. Pines Federal
Pines Federal is a law practice focused on federal employment matters. It serves federal employees dealing with workplace disputes and personnel actions.
4. Shaw Bransford & Roth P.C.
Shaw Bransford & Roth is a Washington, D.C. firm whose practice includes federal employment law. It works with federal employees on a range of workplace issues.
5. Kiyonaga & Soltis, P.C.
Kiyonaga & Soltis is a firm located in the Washington area that handles federal employment matters. Federal workers in the region may consider it when reviewing available counsel.
How long do you have to file an MSPB appeal?
In most cases, the deadline is 30 calendar days after the effective date of the action, or 30 days after receiving the agency’s decision, whichever is later. This rule comes from the Board’s regulations at 5 C.F.R. 1201.22. Late appeals are dismissed unless the employee shows good cause, and the Board applies that standard strictly.
If the employee first files a formal EEO complaint about a mixed case, different timelines apply. Appeals are typically filed online through the MSPB’s e-Appeal system.
What happens after the appeal is filed?
An administrative judge is assigned, and the case moves through a fairly predictable sequence:
- An acknowledgment order sets deadlines for the agency file and discovery
- Both sides exchange documents and may take depositions
- A prehearing conference narrows the issues and witnesses
- The judge holds a hearing and later issues an initial decision
In a Chapter 75 misconduct case, the agency carries the burden of proving the charges by a preponderance of the evidence. It must also show a connection between the misconduct and the efficiency of the service, and that the penalty is reasonable. Judges weigh the penalty using the Douglas factors, twelve considerations drawn from the Board’s 1981 decision in Douglas v. Veterans Administration, including past discipline, length of service, and consistency with penalties given to others.
Either side may file a petition for review with the full Board within 35 days of the initial decision. Further review goes to the U.S. Court of Appeals for the Federal Circuit, generally within 60 days of the Board’s final decision.
Can you recover attorney fees in an MSPB appeal?
Yes, in some cases. Under 5 U.S.C. 7701(g), an employee who prevails may be awarded reasonable attorney fees when the award is warranted in the interest of justice, such as when the agency’s action was clearly without merit. This does not happen automatically, so ask how fees are structured at your first consultation.
Why the right MSPB lawyer matters
MSPB appeals reward preparation. The record built during the reply period, the discovery requests served early, and the way affirmative defenses are raised all affect what a judge can consider later. Look for counsel who explains the realistic range of outcomes, knows your agency’s disciplinary practices, and moves quickly given the 30-day window.
If your agency has proposed or taken action against you, reach out to Mundaca Law for a consultation to review your deadlines and options before time runs out.
This article is for general informational purposes and is not legal advice. Reading it does not create an attorney-client relationship.
