Federal Employee Representation
Defending Federal Careers, Protecting Your Rights
Expert Advocacy for MSPB Appeals and Federal Employment Disputes
At Joel J. Kirkpatrick, P.C., we are committed to protecting the careers and rights of federal employees facing workplace disputes, disciplinary actions, and appeals. With extensive experience representing clients before the Merit Systems Protection Board (MSPB), we understand the unique challenges federal employees face and provide comprehensive legal guidance tailored to each case. Whether you are dealing with removal, suspension, demotion, or whistleblower claims, our team is dedicated to safeguarding your interests and achieving the best possible outcome.
The MSPB is a critical forum for federal employees, with jurisdiction over adverse actions that significantly impact careers, such as removal or suspensions of more than 14 days. Federal employees are afforded due process rights under 5 U.S.C. § 752, which outlines a structured disciplinary process. This process begins with the issuance of a proposed discipline memorandum, allowing the employee to respond both in writing and orally before a final decision is made. At this stage, our firm prepares a detailed written response and provides skilled advocacy during oral replies to ensure the agency understands the seriousness of your defense.
If the agency's decision results in an adverse action—such as a suspension of 15 days or more, removal, or demotion—you have the right to appeal to the MSPB. Filing an MSPB appeal is akin to initiating a lawsuit and requires precision and strategy. We guide you through the entire process, from filing the initial appeal online to navigating discovery, depositions, and motion practice. We will ensure that the agency’s administrative file, which includes evidence and documentation, is scrutinized thoroughly to build a strong case. Discovery is a critical phase where we gather vital evidence through document requests, interrogatories, and depositions to support your defense.
The culmination of this process is a hearing, where the evidence is presented before the MSPB. These hearings, which can last one to three days, are held either in person or via videoconference, depending on your location. Our firm meticulously prepares pre-hearing submissions, identifies key witnesses, and develops a strategic presentation to challenge the agency's actions and advocate for your rights.
Specialized Representation for VA Employees Under 38 U.S.C. § 714
Since the enactment of this law, we have been at the forefront of advocating for VA employees’ rights, successfully challenging the agency's interpretation of 38 U.S.C. § 714. In a landmark case, we secured a Federal Circuit Court decision restoring the application of the Douglas factors to disciplinary actions, ensuring that VA employees benefit from fair and impartial review processes. This decision has significantly altered the landscape of disciplinary proceedings for VA employees, reaffirming their procedural rights.
Comprehensive Support for Federal Employees
At Joel J. Kirkpatrick, P.C., we have assisted numerous clients in appealing adverse actions, including removal, demotions, furloughs, and whistleblower claims. We understand the high stakes involved in these cases and the profound impact they can have on your career and future. Our firm’s approach is comprehensive, strategic, and personalized, ensuring that your voice is heard and your rights are defended at every stage.
When you work with us, you gain a dedicated legal partner who understands the complexities of federal employment law. Whether you’re responding to a proposed discipline memorandum, filing an MSPB appeal, or seeking redress for a violation of your rights, we are here to guide you through the process.
Contact Joel J. Kirkpatrick, P.C. today to discuss your case and take the first step toward protecting your career, rights, and future.
