In MSPB Appeals, the Appellant (employee) can assert “harmful error” as a defense to an Agency adverse action. Harmful error can be a difficult concept, even for many attorneys. Here is what it is, in layman’s terms.

First – a little background. Because Federal Employees are employed by the United States Government, they typically have a “property interest”, protected by the U.S. Constitution, in their continued employment. Thus, while private sector employees can often be fired for [...]

An appellant before the MSPB can recover attorney fees. Many cases settle before getting to an MSPB hearing. In settlement agreements, it is common for the parties to agree on a sum that includes attorney fees, costs and expenses.

When a case doesn’t settle and goes to hearing, the appellant must be a prevailing party in order to recoup attorney fees.

After your attorney shows that you are a prevailing party, (s)he will have to show that attorney fees [...]

Increasingly, Federal agencies are charging employees with misconduct based on “lack of candor”. This charge is what Agencies use when they can’t prove “falsification”.

Falsification is an intentional misrepresentation of some fact. It often arises in filling out some government form, or in the course of an official (or unofficial) investigation – the employee is accused of knowingly providing an incorrect answer to a question, or knowingly trying to deceive or mislead the [...]