Ask The Lawyer

By Debra Roth

Q & A Session – MSPB Suspension Review

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q: 

I was given a Notice of Suspension for a 3 day suspension by my supervisor. My supervisor asked me to give an Oral Written Reply to the notice. The reviewing official issued the Notice of Decision to Suspend before I was allowed to give my reply. Can I appeal to the MSPB? 

A: 

Generally, the MSPB will not review suspensions which are less than 15 days. If you wish to appeal the decision on the grounds of procedural error because you were denied an opportunity to present an oral reply, most agencies will allow you to do so by grieving the decision. Ask for a copy of your grievance procedures or disciplinary actions from your employee relations office. 

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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