Federal Employee Disciplinary Defense & MSPB Appeals

Bramnick Creed represents federal employees in all disciplinary and adverse personnel actions, including suspensions, demotions, and removals. Our attorneys have extensive experience responding to notices of proposed discipline and negotiating favorable resolutions before disciplinary action is taken. When negotiations fail, we advocate for federal employees in appeals to the Merit Systems Protection Board (MSPB) and the U.S. Court of Appeals for the Federal Circuit.

Attorney Joe Creed leads our federal employee personnel matters practice. He has deep knowledge of federal employment law and has successfully represented federal employees across virtually every federal agency. Contact us today for a consultation.

Allegations of Misconduct

Federal employees can face a wide range of misconduct-related charges. Potential penalties include reprimand, suspension, reduction in pay, reduction in grade, and removal. Facing a misconduct charge is serious, but federal employees have the right to respond to charges and defend their reputation and career. Bramnick Creed represents employees throughout the misconduct process, from internal investigations and responses to proposed disciplinary action through appeals of any discipline imposed.

Performance Improvement Plans (PIPs)

Federal agencies can place employees on a Performance Improvement Plan (PIP), sometimes called a Performance Assistance Plan (PAP) or Opportunity to Improve Plan (OIP). A PIP is often the first step toward performance-based removal. Many federal employees do not realize the serious implications of a PIP until it is too late. The attorneys at Bramnick Creed advise employees facing a PIP on how to respond effectively and how to prepare for any performance-related disciplinary action that may follow.

Notices of Proposed Discipline

Before a federal agency takes disciplinary action, it must give the employee written notice of the proposed discipline and a meaningful opportunity to respond. This due process right is one of the most important protections federal employees have. The employee may respond to the charges in writing and speak directly with the deciding official before any action is taken.

Responding to a notice of proposed discipline is a critical opportunity to avoid or reduce the proposed penalty. The attorneys of Bramnick Creed have extensive experience in this process and have successfully helped numerous federal employees achieve favorable outcomes at this stage — before any formal disciplinary action is imposed.

Appeals to the Merit Systems Protection Board (MSPB)

When a federal agency takes an adverse action against an employee, the employee generally has the right to appeal to the U.S. Merit Systems Protection Board (MSPB). Adverse actions subject to MSPB appeal include suspensions of more than 14 days, reductions in pay or grade, and removals.

The MSPB process is procedurally complex. It involves initial filings, including a statement of affirmative defenses, written discovery, depositions, motions, and an administrative hearing (trial). Employees who navigate this process without an attorney are at a significant disadvantage. The attorneys at Bramnick Creed have the knowledge and experience to guide employees through every stage of an MSPB appeal. Critically, they are experienced trial lawyers, and while they seek amicable resolutions wherever possible, they are fully prepared to take any case to hearing.

Appeals to the Federal Circuit

If an MSPB decision is unfavorable, federal employees may appeal to the U.S. Court of Appeals for the Federal Circuit. This appellate process requires specialized knowledge of both federal employment law and federal appellate procedure. Bramnick Creed has experience at this level and can advise employees on whether an appeal to the Federal Circuit is warranted and how to pursue it effectively.

Frequently Asked Questions

What is the Merit Systems Protection Board (MSPB)?

The MSPB is an independent federal agency that hears appeals from federal employees who face adverse personnel actions — including removals, demotions, and suspensions of more than 14 days. It functions similarly to a court, with filings, discovery, and administrative hearings before a judge. If the MSPB rules against the employee, the decision can be appealed to the U.S. Court of Appeals for the Federal Circuit.

What is a Performance Improvement Plan and should I be worried?

A PIP is a formal document that sets specific performance targets an employee must meet within a defined period — typically 30 to 90 days. While agencies sometimes use PIPs as genuine performance tools, they are also frequently a precursor to removal. If you receive a PIP, you should consult an attorney promptly. How you respond to a PIP — and how you document your performance during it — can significantly affect the outcome.

What happens if I receive a notice of proposed removal?

A notice of proposed removal gives you the right to respond in writing and to meet with the deciding official before any action is taken. This response period is one of your most important opportunities to avoid removal. An attorney can help you craft a compelling written response, identify procedural errors in the agency’s process, and present mitigating factors effectively. Missing this window or responding poorly can foreclose later options.

How long do I have to appeal an adverse action to the MSPB?

In most cases, you have 30 days from the effective date of the adverse action to file an MSPB appeal. This deadline is strict — missing it can bar your appeal entirely. If you receive notice of a disciplinary action, contact an attorney immediately to protect your appeal rights.

Can my agency remove me while my MSPB appeal is pending?

Yes. Filing an MSPB appeal does not automatically stay the agency’s action. However, the MSPB can grant interim relief in some circumstances. An attorney can advise whether to request a stay and how to pursue it.

What defenses are available in an MSPB appeal?

Common defenses include challenging the agency’s evidence, arguing that the penalty is disproportionate to the offense (known as a “Douglas factors” analysis), asserting that the action was motivated by discrimination or whistleblower retaliation, or identifying procedural errors in the agency’s process. An attorney can evaluate the facts of your case and identify the strongest available defenses.

For more information about how Bramnick Creed assists federal employees in personnel and disciplinary matters, or for a consultation, contact Joe Creed at (301) 760-3344 or JCreed@BramnickCreed.com.