Q & A Session – Appeal Rights for FCIP Employees


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.


I was removed from my position at a federal agency that hired me under the FCIP. I served two years and four months with this same agency and under the same position. On the last day of the 28th month of service, I was given a letter stating that I was not being converted to a career/career conditional position and I was shown the way out the door.

Can the rules of the now-null FCIP program overrule a federal statute that clearly states that an “employee” is one who has completed two years of current continuous service in the same or similar positions in an Executive agency under other than a temporary appointment limited to 2 years or less?

I am convinced that I am an “employee” with rights of representation to defend myself from this adverse decision.


FCIP appointees doing the same job for two years have full MSPB appeal rights. If you were not told this, the normal 30-day time limit might be waived.

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

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About Author

Debra Roth

Debra L. Roth is a partner at the law firm Shaw Bransford & Roth, a federal employment law firm in Washington, D.C. She is general counsel to the Senior Executives Association and the Federal Managers Association, host of the “FEDtalk” program on Federal News Radio, and a regular contributor to Federal News Radio’s “Federal Drive” morning show. Email your legal questions to lawyer@federaltimes.com.

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