Federal Employment — Wrongful Removal & Termination: What Federal Employees Need to Know
Federal employees who are removed, fired, or otherwise terminated often have legal rights that private-sector workers do not. Federal removals are governed by civil-service law; you may be able to appeal to the Merit Systems Protection Board (MSPB), file an EEO claim, bring a whistleblower/Prohibited Personnel Practice complaint to the Office of Special Counsel (OSC), or raise USERRA protections if your military service is involved.
We can help you choose the right path and preserve critical deadlines. Contact usonline or call 866-951-0466 for a free consultation. There are no out-of-pocket costs for federal employment cases handled by Capovilla & Williams. Our team of former military lawyers knows how to manage complex federal personnel laws from a much-needed service-member perspective.
What Makes a Federal Removal “Wrongful”?
Put simply, a removal is wrongful when the agency cannot prove it had lawful cause and followed the required procedures. It can also occur when the action was discriminatory, retaliatory, or based on your military status. Federal employees are protected by statutes and regulations (for example, 5 U.S.C. chapter 75 and implementing OPM rules) that require advance notice, an opportunity to respond, and a lawful basis for the action. Under 5 U.S.C. § 7513, employees facing removal are generally entitled to at least 30 days’ notice and a chance to reply.
How Are Federal Removals Different From Private-Sector Terminations?
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Procedural protections: Most federal employees get written notice, a minimum reply period, and the right to representation. These protections are statutory and enforceable.
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Administrative review: Unlike the private sector, you usually have an administrative forum (MSPB) to challenge removals based on performance, misconduct, or other adverse actions.
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Multiple remedy tracks: Depending on the circumstances, you may pursue MSPB appeals, EEO complaints, OSC/PPP complaints, or USERRA claims — sometimes simultaneously. Choosing the correct route is strategic and critical.
What Are Your Main Options After a Removal — And the Deadlines You Must Hit?
| Route | When To Act | What It Can Win |
|---|---|---|
| MSPB appeal(adverse actions) | File within 30 calendar days of the effective date or receipt of the agency decision. | Reinstatement, back pay, attorney’s fees, corrective action. |
| EEO complaint / Mixed-case(discrimination claims) | Contact an EEO counselor within 45 days of the personnel action. Mixed-case rules apply if the action is appealable to MSPB. | Compensatory damages, back pay, injunctive relief (varies), agency investigation. |
| OSC / Prohibited Personnel Practice (PPP) | OSC accepts PPP complaints (generally within 3 years of knowing the practice). | Investigation, corrective action, referrals to MSPB or DOJ; protection for whistleblowers. |
| USERRA(military service discrimination) | USERRA claims have different procedures; DOL/OSC guidance applies — act promptly and preserve records. | Reinstatement, back pay, lost benefits, and other statutory remedies. |
Let’s make it clear: missing the deadline or filing in the wrong forum can permanently bar you from relief. Act immediately if you receive a removal notice.
Can I Appeal Every Federal Termination to the MSPB?
No. Jurisdiction depends on your employment status (i.e., competitive service, excepted service, SES, probationary/trial period) and the type of action. Most non-probationary employees removed under Chapter 75 have MSPB appeal rights; probationary employees have limited rights, and there are exceptions. The MSPB and OPM guidance explain the distinctions and the narrow exceptions that sometimes allow probationary appeals.
What to Expect from an MSPB Appeal
Facing a federal removal or termination can be stressful, but understanding the MSPB appeal process can help you protect your rights. Here’s what to expect if you decide to challenge an adverse action before the Merit Systems Protection Board.
- Timing and filing: You must file in writing with the Board (regional office) within 30 days of the effective date or of receipt of the agency decision. The MSPB publishes step-by-step filing instructions.
- Burden of proof: For misconduct/adverse actions, the agency generally bears the burden to prove the charges by a preponderance of the evidence. For performance-based removals, the agency’s burden is “substantial evidence” — a different, sometimes lower, standard.
- Remedies: If you prevail, the Board can order reinstatement, back pay, corrective action, and sometimes attorneys’ fees or other relief.
Working with an experienced federal employment attorney helps make sure your claim is properly filed, evidence is presented effectively, and your rights are fully protected.
What If My Removal Involved Discrimination or Retaliation?
If you believe race, sex, disability, age, religion, or reprisal for prior EEO activity or whistleblowing played a role, you have two principal paths:
- Mixed-case appeal to the MSPB (if the action is appealable), which the Board will process and may allow further EEOC review on discrimination issues.
- EEO complaint with your agency — start by contacting an EEO counselor within 45 days to preserve the right to file.
Choosing the right initial forum is strategic; filing in the wrong place or missing a counseling deadline can forfeit remedies.
What About Whistleblowers and Prohibited Personnel Practices?
If your removal was in retaliation for protected whistleblowing, the U.S. Office of Special Counsel (OSC) is a primary channel for relief. OSC investigates Prohibited Personnel Practices (PPP) — actions by federal agencies or supervisors that violate merit system principles or employee rights.
PPPs include things like retaliation for whistleblowing, discrimination, coercing political activity, or granting favors based on personal connections rather than merit. In short, they’re the kinds of unfair or retaliatory actions that undermine a fair federal workplace.
OSC can seek corrective action, refer matters to the MSPB, or pursue litigation when warranted. It also sets filing limits, usually within three years of when you knew or should have known about the prohibited action.
Additionally, whistleblower appeals to MSPB have special timing rules if you first filed with OSC (see MSPB guidance for the exact deadlines).
What Evidence Matters in Wrongful Removal Cases?
Strong evidence themes include the following:
- The agency’s notice and procedure (was a 30-day notice given? Did you get a meaningful chance to respond?).
- Documented agency errors, inconsistent discipline, or failure to investigate.
- Emails, performance records, witness statements, and contemporaneous notes of incidents.
- Medical records or other proof if disability or accommodation issues are involved.
- Proof of motive (discriminatory or retaliatory comments, timing of protected activity).
Tip: Preserve everything immediately, including the proposal, supporting documents, witness names, and your written reply.
Quick Practical Checklist — What to Do First
Act fast — the first 48 hours can make a big difference in preserving your federal appeal rights.
- Save the package: keep the proposal, decision, and all agency emails.
- Request your representative: contact your union rep or counsel and notify HR you intend to preserve your appeal rights.
- Contact an EEO counselor if discrimination or mixed issues are possible (45-day rule).
- Consider OSC if whistleblowing or prohibited practices are in play (note the 3-year window).
- Call us and we’ll evaluate the facts and lock down the right deadlines and filing strategy.
Following these steps promptly helps protect your options and deadlines. Working with us helps you secure guidance from veteran-focused federal employment attorneys.
Why Having the Right Attorney Can Make All the Difference
When your federal career is on the line, having the right attorney means more than just filing forms — it means having someone who understands how to protect your rights at every step.
Our team helps clients:
- Preserve appeals and meet strict filing deadlines
- Prepare persuasive responses to agency actions
- Collect and organize strong evidence, including performance records, witness statements, and medical documentation
- Develop focused strategies for MSPB appeals, EEO complaints, OSC/Prohibited Personnel Practice claims, and USERRA protections
Federal agencies often rely on standardized letters, internal checklists, and rigid timelines that can be confusing or misleading. Even small mistakes — missing a deadline, omitting a document, or choosing the wrong forum — can permanently close off your right to appeal.
With our attorneys, you’ll gain the insight to anticipate agency tactics, respond effectively, and build the strongest possible case. That level of preparation can make the difference between a dismissed claim and a successful outcome.
How Capovilla & Williams Can Help You Today
Wrongful federal removal is not automatic grounds for relief — but it can be reversed if the agency failed to follow the law, if the charge is unsupported, or if discrimination or retaliation drove the action.
For reliable federal employment representation, contact us online or call 866-951-0466 to speak directly with a veteran attorney who understands your case — and your service. We’ll review your notice, explain your options, and protect the deadlines that matter.
At Capovilla & Williams, we stand up for federal employees who’ve been wrongfully removed or unfairly targeted. We’ll guide you through each step of the appeal process, protect your rights, and fight to restore the career you’ve built. Don’t wait — strict deadlines apply, and your future deserves a strong defense.
