MSPB Lawyers for Federal Employees Nationwide
From wrongful termination to whistleblower retaliation, Leitner Warywoda fights for federal employees when the stakes are highest.
- Forum
- Merit Systems Protection Board
- Where we practice
- Federal employees nationwide
Protecting Federal Careers from Unlawful Treatment
Federal employees are held to a high standard—and so is the government. When agencies violate your rights, the Merit Systems Protection Board (MSPB) exists to hold them accountable. At Leitner Warywoda, we represent federal workers across New York City and Long Island in complex cases involving wrongful termination, disability retirement appeals, discrimination, and whistleblower retaliation.
Our attorneys are experienced in navigating the nuanced rules of federal employment law, and we provide bold, strategic representation in MSPB proceedings. Whether you’re fighting to keep your job or seeking justice after agency misconduct, we’re here to level the playing field.
Who Can File an MSPB Appeal?
Not every employment issue qualifies for MSPB review, but many serious disputes do. Generally, federal employees with competitive service status, veterans’ preference, or certain protected classifications are eligible to file an appeal for:
- Unlawful termination or demotion
- Suspensions of more than 14 days
- Denial of disability retirement benefits (OPM)
- Retaliation for whistleblowing
- Discrimination based on age, race, gender, or disability
At Leitner Warywoda, we can help determine if your case qualifies and advise you on how to preserve your appeal rights and deadlines.
What to Expect in an MSPB Appeal
MSPB cases are different from typical workplace disputes—they involve strict timelines, a formal hearing process, and detailed federal regulations. Most appeals must be filed within 30 days of receiving a final agency decision. From there, the process may involve:
- Filing a written appeal or complaint
- Agency response and document production
- Discovery, depositions, and pre-hearing conferences
- A formal hearing before an administrative judge
- Possible further appeals to the full MSPB or the U.S. Court of Appeals
We know the process, the players, and how to build a winning case.
Our Approach to Federal Employment Law
At Leitner Warywoda, we treat federal employment cases with the urgency and precision they demand. We dive deep into agency policies, personnel records, and legal precedent to craft targeted, persuasive appeals. Our firm proudly handles cases involving:
- Wrongful Termination – Defending your position and restoring your career
- Disability Retirement Appeals – Challenging denied benefits through the OPM
- Discrimination Complaints – Pursuing justice through the MSPB or EEOC
- Whistleblower Retaliation – Protecting truth-tellers who speak up against fraud or abuse
No matter how high the stakes or powerful the agency, we don’t back down.
Get Trusted MSPB Representation in NYC & Long Island
If you're a federal employee facing unjust treatment, you don’t have to face it alone. Let Leitner Warywoda be your voice and your advocate. We proudly serve public servants across New York—from postal workers and TSA agents to SSA staff and VA professionals. Our team will help you understand your rights and take decisive action through the MSPB.
Call today for a free consultation. We’re ready to help you fight back—with strategy, strength, and New York grit.
Cases we handle.
- Employee DisabilityDenied OPM disability retirement? Our NYC-based MSPB attorneys help federal workers nationwide appeal wrongful denials. Free consults, fast action, fierce representation.Read more
- Employment DiscriminationFacing discrimination in a federal job? Leitner Warywoda, PLLC helps clients nationwide file MSPB claims for race, age, disability, and gender bias. Free consultation.Read more
- Whistleblower ClaimsRetaliated against after reporting fraud or misconduct in a federal agency? Leitner Warywoda, PLLC helps whistleblowers nationwide file MSPB claims. NYC-based, U.S. reach.Read more
- Wrongful TerminationFired from a federal job? Our NYC attorneys fight wrongful termination through MSPB appeals. Serving federal workers in all five boroughs & Long Island. Free consult.Read more
Frequently asked questions.
What is the Merit Systems Protection Board (MSPB)?
The MSPB is an independent, quasi-judicial federal agency that hears appeals from federal employees challenging certain personnel actions. An administrative judge reviews the evidence, may hold a hearing, and issues a written initial decision. The Board also decides OPM retirement appeals, whistleblower reprisal claims, and some veterans' rights claims. It is separate from your employing agency, so an independent decision-maker reviews whether the agency followed the law and had adequate grounds for the action it took against you.
How long do I have to appeal a federal agency action to the MSPB?
In most cases, an MSPB appeal must be filed within 30 days of the effective date of the action, or within 30 days after you receive the agency's decision, whichever is later (5 C.F.R. § 1201.22). The deadline is strictly enforced, and the Board excuses late filings only when you show good cause. Different deadlines apply to some appeals, such as whistleblower appeals filed after an Office of Special Counsel complaint, so check the deadline that applies to your specific situation as soon as you receive a decision.
What federal personnel actions can be appealed to the MSPB?
Under 5 U.S.C. § 7512, covered employees can appeal removals, suspensions of more than 14 days, reductions in grade or pay, and furloughs of 30 days or less. The Board also hears appeals of OPM decisions on retirement benefits, including disability retirement, and certain other matters such as reduction-in-force actions. Shorter suspensions, reprimands, and most performance ratings generally are not directly appealable. Whether you are covered also depends on your appointment type and length of service, so review your status before assuming you can or cannot appeal.
What happens after I file an MSPB appeal?
After you file, an administrative judge is assigned and issues an order explaining the next steps. The agency must file its response and the documents supporting its action. Both sides then exchange information through discovery, which can include written questions, document requests, and depositions. The judge typically holds prehearing conferences and, if you requested one, a hearing where witnesses testify under oath. Many hearings are held by video. The judge then issues a written initial decision. Settlement discussions can occur at any stage of the process.
What if I lose my MSPB appeal before the administrative judge?
You can file a petition for review with the full Board, generally within 35 days after the initial decision is issued. If no petition is filed, the initial decision usually becomes final. After a final Board decision, further review is generally available in the U.S. Court of Appeals for the Federal Circuit, or in federal district court for cases involving discrimination claims. Each step has its own strict deadline and limits on what arguments can be raised, so the record built before the administrative judge matters a great deal.