For federal employees, losing a job can feel like having the ground ripped out from under you. One day, it’s business as usual, and the next, you’re holding a termination letter, wondering how everything changed so quickly. Many employees naturally want to exercise their rights as government workers and challenge their agency’s decision. However, appealing a federal employment termination can be complicated.
This blog post will explain what federal employees should know about their rights when facing termination. We’ll cover who can challenge a firing, what the appeal process involves, and how long you have to take action.
Can I Appeal My Termination as a Federal Employee?
Generally, yes. Federal employees can appeal terminations—but only under specific circumstances. The federal workforce is governed by complex laws that protect certain employees from unfair or unlawful termination.
To have the right to appeal a termination, you generally must:
- Hold a career or career-conditional appointment,
- Complete the probationary period (typically 1-2 years), and
- Work in a competitive or excepted service position with established appeal rights.
If you meet these criteria, you may be eligible to file an appeal with the Merit Systems Protection Board (MSPB). You may also have the right to bring a complaint of discrimination to the Equal Employment Opportunity Commission (EEOC), or appeal the removal through your union’s grievance procedure.
Understanding which route applies to your situation is critical when appealing a federal employment termination, as often the forum chosen first will become the only forum allowed. The laws governing federal employee terminations can be highly technical, so consulting an experienced federal employment attorney is often a wise step, and this post certainly cannot cover all aspects of appealing a termination.
How Do I Appeal a Federal Termination?
Federal employees typically have several options when appealing a termination. The right path for you depends on the circumstances of your termination. Let’s look at two of the primary routes employees can use.
Filing an MSPB Appeal
The MSPB is the primary body that handles appeals for federal employees facing termination for misconduct or performance issues, once their probationary period is completed. To file an MSPB appeal, you must follow these steps:
- Complete and submit the MSPB’s appeal form online, fax or by mail;
- Collect supporting documentation, such as proposal and decision letters relating to the adverse action, communications, performance evaluations, and witness statements; and
- Attend a hearing to present evidence and testimony supporting your case.
When appealing a federal employment termination, the form for an MSPB appeal must be completed correctly to avoid delays or dismissal. If the MSPB denies your claim, you may have the option to request a review by the full MSPB Board.
Filing a Union Grievance
If you are a union member, you may be able to use your collective bargaining agreement’s negotiated grievance procedure to challenge your termination. Under this route, the claim is between the union and the agency, and outside counsel can generally only represent your side with the union’s approval. Common federal employee grievance examples include terminations based on alleged misconduct, unfair labor practices, and similar violations.
Union grievance procedures typically involve:
- Filing a formal grievance with your union representative,
- Attending a hearing or arbitration to present evidence, and
- Allowing the union to negotiate a resolution or seek reinstatement.
Your grievance process should be outlined in your collective bargaining agreement. However, choosing this route may waive your right to an MSPB appeal.
Can I Appeal My Termination Through the EEOC If I Believe It Was Discriminatory?
Yes. If you believe that your termination was based on discrimination related to race, color, religion, sex, national origin, age, disability, or genetic information, you may have grounds to file a complaint with the EEOC, even if you are a probationary employee. To do so, you must contact your agency’s Equal Employment Opportunity (EEO) counselor, who can begin the complaint process.
What Evidence Do I Need to Prove My Termination Was Discriminatory?
Proving discrimination requires supporting evidence, including:
- Statements or emails suggesting bias or discriminatory intent,
- Performance reviews or records showing that you received different treatment from similarly situated employees, and
- Medical records or reasonable accommodation requests (if related to a disability).
If you establish that your termination was motivated by unlawful discrimination, the EEOC can order reinstatement, back pay, and other damages.
How Long Do I Have to Appeal My Termination?
Different appeal options come with strict deadlines, outlined as follows:
- MSPB appeals—must be filed within 30 days of the effective termination date, or 10 business days if the termination was issued under 38 U.S.C. § 714 for Department of Veterans Affairs employees;
- Union grievances—must be filed by deadline stated in collective bargaining agreement, often 7-30 days from dismissal; and
- EEOC complaints—must make contact with your agency’s EEO office within 45 days of termination to start the process.
Missing these deadlines can prevent you from appealing a federal employment termination letter, so acting quickly and seeking legal guidance is crucial.
Defending the Rights of Federal Employees Nationwide
At the Federal Employment Law Firm of Aaron D. Wersing, we understand how intimidating it can be to challenge an unfair dismissal. That’s where we come in.
Attorney Aaron Wersing has spent years helping federal employees in Houston and nationwide navigate complex termination appeals. With extensive experience supporting employees through MSPB cases, EEOC complaints, and union grievances, our team knows how to build a strong case to protect your career and financial stability.
If you’re considering appealing a federal employment termination, contact our office today to learn more about how we can help.
Resources:
- Definitions, application, 5 U.S.C. § 7511(a)(1)(A) (2009), link.
- Cause and procedure, 5 U.S.C. § 7513(d) (2019), link.
- Cause and procedure, 5 U.S.C. § 7543(d) (2014), link.
Aaron Wersing, Attorney at Law
Aaron Wersing is the founder of the Law Office of Aaron D. Wersing. Mr. Wersing graduated from the Georgia State University College of Law with a Doctorate in Jurisprudence and was the recipient of the CALI Excellence for the Future Award. Mr. Wersing previously attended the University of Georgia, where he received a Bachelor of Business Administration degree in Accounting. Mr. Wersing is an active member of his local community. Mr. Wersing acts as a volunteer attorney with Houston Volunteer Lawyers, the pro bono legal aid organization of the Houston Bar Association. He is also a member of professional legal organizations such as the National Employment Lawyers Association and the American Inns of Court. To reach Aaron for a consultation, please call him at (833) 833-3529.
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