I have been assisting a client who also has an MSPB appeal pending for a federal employment issue and the client is from eastern Kansas. I don't know any employment lawyers in that geographical area, nor do I practice law in that practice area. The appeal has been e-filed, but can someone please answer the following questions about the procedure:
1. What are the time frames involved once the appeal has been filed?
2. If a hearing was requested, will it be held in one of the Regional Offices (Denver)?
3. If you have requested a hearing, can you change that to a document review only?
We represent federal employees in MSPB appeals nationwide. Please feel free to give me a call at (202) 898-4800. But basically, once the appeal is filed, you will receive an Acknowledgment Order, usually within 5 business days. The AO will set some pretty tight deadlines for initiation of discovery, exchange of initial disclosures, and transmission of the "Agency file" by the Agency to both parties. Do not miss these deadlines.
Kansas (but not Kansas City, KS) cases go to the Denver Regional Office. Kansas City, KS cases go to the Chicago regional office. But the hearing may be held at any one of the Board's approved hearing locations (Wichita is one, Kansas City MO is another) or by videoconference.
If you have requested a hearing, you may still request that it be decided on the paper record. Every case is different, and there are a lot of considerations in figuring out which is the best strategy.
Just a suggestion.... Presuming you are one of these folks, none of the others at this link can help?
Best of luck to you and your client.
Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.
The attorneys who specialize in MSPB cases seem to have nation-wide practices. That's important because further appeal is to the Federal Circuit in DC. Few attorneys get enoguh MSPB cases in their local jurisdiction to limit themselves to that geogrpahic area.
This answer does not create an attorney-client relationship. It is advisable to consult with an attorney with full disclosure of relevant facts for a comprehensive leagl opinion.
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