A federal employee who has been removed, suspended for more than 14 days, or demoted usually has just 30 days to decide whether to appeal to the Merit Systems Protection Board. That is a short window to find the right attorney. This list covers five law firms serving federal workers in Washington, D.C., Maryland, and Virginia, beginning with Mundaca Law, a firm that represents federal employees throughout the DMV.
Which Law Firms Handle MSPB Appeals in the DMV?
- Mundaca Law
- Kalijarvi, Chuzi, Newman & Fitch, P.C. (KCNF)
- Alan Lescht & Associates, P.C.
- Berry & Berry, PLLC
- Zuckerman Law
1. Mundaca Law
Mundaca Law represents federal employees in the Washington region who are facing or challenging adverse personnel actions, and MSPB appeals are part of that federal employee practice. The firm is led by Francisco E. Mundaca, Esq., Founding Partner. Along with federal sector work, the firm handles private-sector employment and business law matters, which can be useful when a dispute touches more than one area of law.
How Can Mundaca Law Help With an MSPB Appeal?
Help often matters most before the appeal is even filed. When an agency proposes a removal or long suspension, the employee generally gets at least seven days to respond, and what goes into that reply can shape the record the MSPB later reviews. Federal employees can contact the firm about matters such as:
- Responding to a proposed removal, suspension, or demotion
- Filing a timely MSPB appeal and developing the evidence
- Mixed cases, where a discrimination claim is tied to an appealable action
- Whistleblower reprisal claims, including appeals after an Office of Special Counsel complaint
- Settlement discussions with the agency, which can involve terms like a revised personnel record
Each case turns on its own facts, and no attorney can promise a particular result.
2. Kalijarvi, Chuzi, Newman & Fitch, P.C. (KCNF)
KCNF is an employment law firm in the Washington, D.C. area. Readers considering the firm should visit its website to learn about its attorneys and the types of cases it takes.
3. Alan Lescht & Associates, P.C.
Alan Lescht & Associates is a law firm serving clients in the D.C. region on employment-related matters. Its website is the best place to review its practice areas.
4. Berry & Berry, PLLC
Berry & Berry is a law firm in the DMV that works with clients on employment matters. Anyone interested can review the firm’s own materials for details on the services it provides.
5. Zuckerman Law
Zuckerman Law is a law firm based in the Washington area that handles employment-related legal issues. Prospective clients should contact the firm directly to find out whether it handles their type of case.
What Actions Can a Federal Employee Appeal to the MSPB?
The MSPB hears appeals of serious adverse actions, most commonly removals, suspensions of more than 14 days, reductions in grade or pay, and furloughs of 30 days or less, as set out in 5 U.S.C. § 7512. The Board also reviews performance-based removals and demotions, reduction-in-force actions, and certain retirement decisions made by the Office of Personnel Management. Appeal rights depend on appointment type and length of service, and many probationary employees have limited rights.
How Long Do You Have to File an MSPB Appeal?
The deadline is generally 30 calendar days after the effective date of the action, or 30 days after the employee receives the agency’s decision, whichever comes later, under 5 C.F.R. § 1201.22. Appeals are filed through the MSPB’s online e-Appeal system, and cases from the D.C. area are typically assigned to the Board’s Washington Regional Office in Alexandria, Virginia.
Mixed cases follow a different clock. An employee who first files a discrimination complaint with the agency’s EEO office can appeal within 30 days of the agency’s final decision, or once 120 days pass without one.
What Happens After an MSPB Appeal Is Filed?
An administrative judge takes the case. Both sides exchange information through discovery, and many appeals settle before a hearing is held. In most cases brought under Chapter 75, the agency must prove its charges by a preponderance of the evidence and show the penalty was reasonable under the Douglas factors, 12 considerations drawn from the 1981 case Douglas v. Veterans Administration.
The judge’s initial decision becomes final 35 days after it is issued unless someone files a petition for review with the full Board. Final Board decisions can generally be appealed to the U.S. Court of Appeals for the Federal Circuit within 60 days.
How Much Does an MSPB Appeal Lawyer Cost?
Fees vary by firm and by case. Some attorneys bill hourly, while others quote flat fees for specific stages, such as preparing a reply to a proposed removal. If the employee prevails, the MSPB may order the agency to pay reasonable attorney fees under 5 U.S.C. § 7701(g) when the interest of justice warrants it. Ask about billing at the first consultation so there are no surprises.
Getting Help Before the Deadline Passes
An MSPB appeal is one of the few formal ways a federal employee can challenge a career-altering decision, and the 30-day deadline is strictly applied. Talking with an attorney early, ideally when an action is first proposed, gives you the most room to protect your record and your job. Federal employees in D.C., Maryland, or Virginia who want to discuss their options can reach out to Mundaca Law to schedule a consultation.
This article provides general information and is not legal advice.
