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…
Browsing: MSPB appeal
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…
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…