Wrongful Termination from Federal Employment in NYC
Fired from a federal job? Our NYC attorneys fight wrongful termination through MSPB appeals. Serving federal workers in all five boroughs & Long Island. Free consult.
- Forum
- Merit Systems Protection Board
- Where we practice
- Federal employees nationwide
When a Federal Firing Crosses the Line
Federal employees don’t work at-will—and they can’t be fired without cause. If you’ve been terminated from a federal position and suspect it was unjust, retaliatory, or discriminatory, you may be entitled to file an appeal with the Merit Systems Protection Board (MSPB). At Leitner Warywoda, we help government workers throughout New York City and Long Island fight wrongful terminations and restore their careers.
We’re not intimidated by large agencies. Whether you worked for the USPS, TSA, SSA, VA, or another federal body, our attorneys are prepared to investigate the circumstances behind your firing and fight for your rights.
What Makes a Federal Termination “Wrongful”?
Federal agencies must follow strict procedures before firing most civil service employees. If these rules are violated—or if the reason for your termination is unlawful—you may have a valid MSPB appeal. Common examples of wrongful terminations include:
- Retaliation after whistleblowing or reporting misconduct
- Discrimination based on race, gender, age, disability, or religion
- Denial of due process, including failure to provide notice or opportunity to respond
- False allegations or unsupported misconduct claims
- Violation of agency disciplinary policies or regulations
Even if your agency insists the firing was justified, you have the right to challenge their decision and demand accountability.
Filing an MSPB Appeal After Termination
Timing is critical. In most cases, you must file your MSPB appeal within 30 days of receiving your removal notice. Once filed, your case enters a formal legal process that may include:
- Submission of documentation and supporting evidence
- Pre-hearing conferences and discovery
- A hearing before an MSPB administrative judge
- Appeals to the full MSPB or federal court, if necessary
Our legal team at Leitner Warywoda handles every step of the appeal process—ensuring your rights are protected and your voice is heard.
Why You Need an Experienced MSPB Attorney
Wrongful termination from federal employment isn’t just about a lost paycheck—it’s about your future, your reputation, and your livelihood. MSPB cases require attorneys who understand both federal employment law and the agency bureaucracy behind it.
Leitner Warywoda brings that rare combination: seasoned litigators who know how to navigate federal systems and challenge improper terminations head-on. We prepare every case as if it’s going to trial, and we fight like your career depends on it—because it does.
Fired Unfairly? Take Action Now.
If you believe your federal termination was unjust, don’t wait and hope the system works itself out. You typically have just 30 days to file your appeal—so every moment counts.
At Leitner Warywoda PLLC, we’re based in New York City and proudly serve clients throughout the five boroughs and Long Island, but our federal employment law practice spans the entire country. No matter where your agency is located or where your MSPB case is filed, we can help.
Call today for a free consultation and let us fight to protect your job, your rights, and your future.
Related topics.
- 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
Frequently asked questions.
Can a federal agency fire me without notice?
Generally, no. For covered employees, an agency proposing removal must give at least 30 days' advance written notice, unless a narrow exception applies, stating the specific reasons. You have the right to respond orally and in writing, to be represented, and to receive a written decision. The agency must also give you access to the material it relied on. Your written and oral reply is an important opportunity to correct errors and raise mitigating factors before a final decision is made.
What does an agency have to prove to justify firing a federal employee?
In a misconduct removal, the agency must prove the charged conduct by a preponderance of the evidence, show a connection between the conduct and the efficiency of the service, and show the penalty was reasonable. In reviewing the penalty, the Board considers factors such as your past record, length of service, and consistency with how others were treated. The MSPB can reverse a removal if the agency fails to prove its charges, commits harmful procedural error, or violates your rights.
Can I appeal my firing if I was still on probation?
Probationary employees have more limited appeal rights than employees who have completed probation. In many cases, a probationary employee cannot challenge a termination before the MSPB on the merits, though some exceptions apply, such as claims involving certain procedural issues, partisan political reasons, or marital status. Whether you are still considered probationary can depend on your prior federal service, so do not assume you have no rights without having your service history reviewed.
Should I resign instead of being fired from my federal job?
Think carefully before resigning. A resignation is generally treated as voluntary, and a voluntary resignation usually cannot be appealed to the MSPB. You may be able to appeal if the resignation was involuntary, for example because it was obtained through coercion or misleading information, but that is harder to prove. Resigning can also affect other options, such as disability retirement timing. If you are facing a proposed removal, call us before signing any resignation papers.
What remedies are available if the MSPB overturns my removal?
If the MSPB reverses a removal, the agency is generally ordered to cancel the action and restore you to your position. Remedies can include back pay with interest, restored benefits and leave, and correction of your personnel records. If you prevail, you may also be entitled to reasonable attorney fees in appropriate cases. The Board may instead reduce the penalty to a lesser one, such as a suspension. Many cases also resolve through settlement, which can include terms such as a clean record or a resignation in lieu of removal.