Ask The Lawyer

By Debra Roth

Q & A Session – Appealing to MSPB after Discontinued Service Retirement

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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 received a notice of proposed removal for poor performance after a PIP, however, I was informed that I meet basic eligibility for discontinued service retirement. If I elect to retire under discontinued service, do I give up my right to file an appeal with MSPB?

A:

An employee who is separated for poor performance after a PIP under the procedures on chapter 43 of Title 5 is entitled to an appeal at the MSPB. Such an employee who is also over 50 years old and who has 20 years of service or who is any age with 25 years of service is also eligible for discontinued service retirement. The retirement does not waive the appeal rights.

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

Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.

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Q & A Session – Base Pay Reduction

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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:

During the NSPS to GS conversion in June 2010, my base pay was reduced 10%. The reduction in base pay was not administrative or voluntary. Is this legal?

A:

If your base salary was reduced, you may have an MSPB appeal right. You might consider consulting an attorney or filing an MSPB appeal on your own to raise the issue. Non-probationary employees who have their base pay reduced are entitled to due process.

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

Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.

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Q&A Posts

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Ask the Lawyer received the following paraphrased question from a reader on a legal matter that might be of interest to the entire audience.

Q: In an appeal to the MSPB (Merit Systems Protection Board), can the employee ask for money damages?  That is, if the board decides the employee’s argument(s) prevail, can they award him money in lieu of getting his job back?

A: Remedies Available at the MSPB

If an employee prevails in an MSPB appeal, the MSPB administrative judge has the authority to award a range of remedies designed to make the employee “whole,” that is, to place the employee in the situation he or she would be in if the adverse action had not taken place.  Remedies an administrative judge may award include reinstatement, back pay with interest, reversal of a demotion or an increase in previously reduced pay, restoration of lost benefits, a purging of records of the adverse action, and if the appellant prevails in an EEO claim, compensatory damages of as much as $300,000. 

The MSPB judge’s discretion is related to the job and while the judge can order reinstatement, back pay, lost benefits and attorney’s fees, the judge may not order money compensation in lieu of a return to the job.  Such a result, however, can be obtained through settlement if both the appellant and the agency agree.

Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.

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