If you’re a federal government employee, you might have experienced a personnel grievance like wrongful termination, a demotion, or a reduction in grade. That grievance might have led you to file a complaint with the U.S. Merit Systems Protection Board (MSPB) only to hear . . . crickets.
You’re not alone. Thousands of MSPB appeals have been delayed for years. On the positive side, the backlog is dwindling. Still, you might wonder why the delay occurred, how it impacts you, and what steps to take to protect yourself.
Let’s take a look.
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By the Numbers
The Board consists of a quorum, generally three people who serve staggered terms. The President of the United States appoints Board members, and the Senate confirms them. At least, this was the case until early 2017.
At that time, the MSPB quorum ceased to exist due to term retirements. Board general counsel Tristan Leavitt, appointed in 2018, handled the organization’s non-exclusive functions. But Leavitt, by himself, didn’t make up a quorum. The Senate did not confirm him as an official MSPB member. As such, he couldn’t review filings or issue rulings.
This state of affairs lasted until early 2022, generating a backlog of 3,800 filings.
The Current Situation
In March 2022, the Senate confirmed Leavitt and Raymond Limon as MSPB members, with Cathy Harris’ confirmation in May 2022. Leavitt departed in February 2023 when his term expired, but two board members are still a quorum. And that quorum is hard at work, whittling down the backlog.
The Board committed itself to decide on the 1,000 oldest cases in Fiscal Year (FY) 2024, from October 1, 2023, through September 30, 2024. This targets cases filed on or before December 2019.
According to an April 2024 interview with Harris, over 2,500 of the 3,800 cases from the “inherited inventory” were decided, and the remaining backlog is anticipated to be completed by FY 2025 (October 1, 2024 through September 30, 2025).
Your Role
If you’ve been waiting for a decision on your case, the MSPB is working through it. At the same time, if you wish to file an appeal, don’t let the backlog stop you.
While you wait, it’s a good idea to protect yourself and your financial situation in the following ways.
Get a Handle on What You Have
If your case involves equal pay, a reduction in grade, or wrongful termination, the best thing you can do is protect your current assets and finances.
This is where a CERTIFIED FINANCIAL PLANNER™ (CFP™) can assist with investment management decisions and an analysis of current assets. This individual can also help you structure an effective budget or develop and maintain an emergency savings account.
Additionally, a fed-focused, fiduciary financial advisor (like those working with Serving Those Who Serve) offers in-depth knowledge of government benefits. That fed-focused CFP™ professional can help you decide what to do with back pay or additional benefits once your filing has been resolved.
Keep Up-To-Date
You can monitor updates from the MSPB and other federal employee news through the following sources:
Keeping appraised of what is happening keeps you in the know. It can also help alleviate the stress you might experience from the delay in your case.
Let the Experts Help
The MSPB case backlog is frustrating for those who have filed grievances and are waiting on answers. If you’re among that group, rest assured that the board is moving forward on these cases and will hopefully decide on yours soon if it hasn’t done so already.
While you wait, take action to get the most from your assets and finances. The skilled and knowledgeable professionals with Serving Those Who Serve can help. For more information or to schedule a meeting, visit our website, call 301-216-1167 or email us at [email protected].
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The information has been obtained from sources considered reliable but we do not guarantee that the foregoing material is accurate or complete. Any opinions are those of Serving Those Who Serve writers and not necessarily those of RJFS or Raymond James. Any information is not a complete summary or statement of all available data necessary for making an investment decision and does not constitute a recommendation. Investing involves risk and you may incur a profit or loss regardless of strategy suggested. Every investor’s situation is unique and you should consider your investment goals, risk tolerance, and time horizon before making any investment or financial decision. Prior to making an investment decision, please consult with your financial advisor about your individual situation. While we are familiar with the tax provisions of the issues presented herein, as Financial Advisors of RJFS, we are not qualified to render advice on tax or legal matters. You should discuss tax or legal matters with the appropriate professional. **
