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Rate of MSPB Cases Won by Federal Employees The MSPBs 2023 report suggests that this trend continues. Of the 4,135 total appeals the MSPB decided that year, only 98 saw a reversal of an agencys original decision. That puts the MSPB appeal success rate for federal employees at 2.4% in 2023.
Other types of actions that may be appealed to the Board include: performance-based removals or reductions in grade, denials of within-grade salary increases, reduction-in-force actions, OPM suitability determinations, OPM employment practices, OPM determinations in retirement matters, denials of restoration or
Generally, employees who may appeal adverse actions and performance-based actions are those in the competitive service who have completed a probationary period and those in the excepted service (other than the Postal Service) with at least two years continuous service.
To boost your chances of winning an MSPB appeal consider the following: Understand laws against discrimination. Ensure youve approached the right MSPB office. Request the information that the agency relied on to make decision. File the appeal on time. Use the right format. Tell a good story. Make discovery request.
When will the judge make a decision? MSPB Administrative Judges try to make decisions soon after the hearing and generally, we expect to receive a decision within 1-3 months. However, depending on the complexity of the case and the length of the hearing, it may take longer.
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People also ask

Given that the MSPB mostly hears disciplinary action cases, the most common burden of proof for MSPB cases is the preponderance of the evidence standard.

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