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If these steps are not completed, an appeal or important portions of the appeal may not be accepted or considered by the MSPB for review. The single most important aspect to filing an MSPB appeal is to do so in a timely manner. Generally, the appeal form and appeal must be filed within 30 calendar days of the effective date of the action. For example, if an employee receives a final action e.
If the due date of the appeal falls on a weekend or holiday, the due date will be extended to the next business day. The key for a federal employee seeking to appeal to the MSPB is to not delay and file the appeal close to the deadline.
By doing so, it creates a significant risk that the federal agency may argue that the appeal is untimely and the MSBP will dismiss the appeal. It is far better for a federal employee to file his or her MSPB appeal as far in advance of the deadline as possible to avoid these issues.
It is also important to file an MSPB appeal with the correct regional or field office. The offices and their jurisdiction change from time to time, so it is important to check the MSPB website for updated office information.
For instance, if the employee is employed in Raleigh, North Carolina, the correct office at this time for filing would be the Washington D. The electronic filing method is quickly becoming the most efficient process, and in some cases is required, for filing an MSPB appeal.
Our law firm utilizes the electronic filing method from the filing of the initial appeal to the end of the appeals process. This method is helpful and easier than the mailing system. The key to preparing the electronic filing of the MSPB appeal is to have all relevant information available when completing the online forms. Once the online forms and all attachments such as the proposed action and final agency decision have been prepared, then the appeal can be electronically submitted to the MSPB.
Once submitted, the e-filer will receive confirmation of the filing from the MSPB. Following the proper submission of the appeal, the federal employee and the federal agency involved will receive an Acknowledgment Order, which sets forth the procedures and initial deadlines of the MSPB appeal.
Properly completing the MSPB initial appeal at the beginning of the process is very important. Doing so provides a federal employee with the best chance of litigating or settling his or her appeal.
A well-prepared filing enables an Administrative Judge the ability to analyze an appeal and advise the parties on early settlement. If the Administrative Judge does not understand the appeal, he or she is less likely to focus on the case and key issues may get lost or not register in the appeals process. Our firm advises clients to have an attorney review and prepare the initial appellate filing. Please contact us at or www.
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If these steps are not completed, an appeal or important portions of the appeal may not be accepted or considered by the MSPB for review. The single most important aspect to filing an MSPB appeal is to do so in a timely manner. Generally, the appeal form and appeal must be filed within 30 calendar days of the effective date of the action. For example, if an employee receives a final action e. If the due date of the appeal falls on a weekend or holiday, the due date will be extended to the next business day.
What is MSPB e-File?
Appeals may be in any format, including letter form. All appeals must contain the following:. No other attachments should be included with the appeal , as the agency will be submitting the documents required by An appellant should not miss the deadline for filing merely because he or she does not currently have all of the documents specified in this section.
Agency Information Collection Activities; Proposed Collection
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