Criminal Defense Lawyers

New Jersey Federal Employee Representation Before the Merit Systems Protection Board

Facing Discipline or Removal as a Federal Employee? Here’s What You Need to Know

So, you’re a federal employee, and you’ve been hit with a proposed disciplinary action or removal. Maybe it’s a suspension, demotion, or even termination. Whatever the situation, take a deep breath, because this is serious, but you have rights and options.At the Spodek Law Group, we get it, this is stressful. You’ve dedicated your career to public service, and now your job, paycheck, and potentially even your retirement is on the line. But, we’re here to fight for you every step of the way.Let’s start with the basics. As a federal employee, you have powerful protections under the law against unfair personnel practices. The Merit Systems Protection Board (MSPB) is an independent agency that safeguards your rights and the merit principles of the civil service system.4If your agency proposes an adverse action like removal, suspension for more than 14 days, or demotion, you have a right to appeal that decision to the MSPB.4 But, the process is complex, with strict deadlines and procedures you must follow.

Understanding the MSPB Appeals Process

So, what do you do, if you get hit with one of these things? First, don’t panic, but don’t delay either. You only have a limited window, usually 30 calendar days from the effective date of the action, to file your appeal with the MSPB regional office that has jurisdiction.5The appeal process has several stages:

1. Filing the Appeal: This initial filing lays out your case and the reasons you’re contesting the agency’s action. Careful preparation here is crucial.
2. The Agency’s Response: Your agency will have a chance to respond and provide their justification for the disciplinary action.
3. Discovery: Both sides can request documents, answers to interrogatories, and depositions to build their cases.
4. The Hearing: If the case isn’t resolved through settlement or summary judgment, you’ll have a hearing before an MSPB judge. This is your opportunity to present evidence and testimony supporting your appeal.
5. The Initial Decision: After the hearing, the MSPB judge will issue an initial decision, which becomes final after a period unless one of the parties files a petition for review.
6. Petition for Review by Full MSPB: If a petition is filed, the full three-member MSPB board will review the initial decision and issue a final ruling.
7. Federal Court Appeals: If you’re still not satisfied, you can appeal the MSPB’s final decision to the Federal Circuit Court of Appeals.

As you can see, it’s a multi-layered process, with opportunities and pitfalls at every stage. Having an experienced federal employment lawyer in your corner, from day one, can make all the difference.

Why You Need a Federal Employment Attorney

Look, we get it, lawyers are expensive, and you may be tempted to go it alone, especially early on. But, here’s the thing, the deck is already stacked against you. Your agency will have its own legal team working the case from the start.An attorney levels that playing field and ensures your rights are fully protected throughout the process. At Spodek Law Group, our federal employment lawyers have decades of experience handling MSPB cases and know every nuance of the system.2We understand how to craft compelling appeals, gather evidence, prepare witnesses, and forcefully advocate for your interests at every turn. With us in your corner, you won’t miss key deadlines or make procedural missteps that could derail your case.But it’s about more than just expertise. We’re also passionate advocates who take your situation personally. When you hire us, you get a team of legal professionals solely dedicated to protecting your career and future.

Your Rights as a Federal Employee

As a federal employee, you have rights and protections that private sector workers simply don’t. It’s crucial you understand and leverage those rights if you face disciplinary action.The Civil Service Reform Act outlines key merit system principles that must be followed, including fair and equitable treatment, protection against partisan political coercion, and safeguards against prohibited personnel practices like retaliation against whistleblowers.4Federal employees also have robust rights under laws like:

• The Whistleblower Protection Act
• The Whistleblower Protection Enhancement Act
• The No FEAR Act
• The Age Discrimination in Employment Act
• The Rehabilitation Act
• The Equal Pay Act
• The Genetic Information Nondiscrimination Act

Depending on the circumstances, you may have claims of discrimination, retaliation, due process violations, harmful procedural errors, and more. But, navigating the intersections between these various laws and regulations is incredibly complex.That’s where having an experienced federal employment lawyer is invaluable. We know how to identify all potential claims, develop supporting evidence, and forcefully argue your case using the applicable laws and regulations.

Defending Your Career and Retirement

For many federal employees, this isn’t just about a job, it’s about protecting a career and hard-earned retirement benefits. Maybe you’re a few years from retirement eligibility, or perhaps you’re already retired and facing revocation of your annuity payments.In these high-stakes situations, you need representatives who truly understand what’s at risk and will leave no stone unturned in your defense. At Spodek Law Group, we’ve helped federal employees at all stages of their careers overcome proposed disciplinary actions and secure their retirement incomes.Whether it’s a minor disciplinary issue or a potential career-ending removal, we bring the same tenacious commitment to every case. Your future is our priority.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

Whistleblower Retaliation Cases

One of the most complex and high-profile areas we handle involves whistleblower retaliation against federal employees. If you’ve suffered retaliation like firing, demotion, or other reprisal for disclosing misconduct or refusing to violate laws or regulations, you have powerful rights.2The Whistleblower Protection Act and Whistleblower Protection Enhancement Act provide robust protections. But, as with any whistleblower case, the burden of proof is high, and the process for seeking corrective action is multi-layered and unforgiving.You may need to start by filing a complaint with the Office of Special Counsel (OSC), which will investigate and potentially seek corrective action. If the OSC declines or can’t obtain relief, you may be able to file an individual right of action appeal with the MSPB.8Throughout this process, having skilled legal representation is critical for documenting your disclosures, establishing a prima facie case of retaliation, overcoming the agency’s defenses, and ultimately securing a make-whole remedy that protects your job and compensates you for any losses.At Spodek Law Group, we have extensive experience handling whistleblower retaliation cases before the OSC, MSPB, and federal courts. We understand the unique challenges and will advocate tirelessly to protect your rights as a whistleblower.

Unwavering Advocacy, Personalized Service

It’s simple. Every single client deserves honesty and white glove service.3 When you become a client of Spodek Law Group, you get a team of legal professionals dedicated to your case from start to finish.We don’t just punch the clock on your case, we’re available 24/7 to answer questions, discuss strategy, and ensure you understand what’s happening every step of the way. Many clients are often embarrassed by their situation, and don’t speak openly about their alleged issue. We encourage open dialogue, and recommend full transparency – so we can give you the best possible legal advice.3Our firm also offers a fully digital portal that allows you to easily track case progress, upload documents, and communicate with your legal team. It’s just one example of how we blend cutting-edge technology with traditional personalized service.But don’t take our word for it, just look at what clients say in reviews and testimonials. They consistently praise our accessibility, compassion, and tenacious advocacy. When your career and future is on the line, you need that level of commitment.

A Nationwide Federal Employment Law Firm

While we’re based in New York City and Los Angeles, the Spodek Law Group handles federal employment cases nationwide.3 Thanks to our digital capabilities and extensive network, we can effectively represent federal employees no matter where they live and work across the country.Our federal employment lawyers have appeared before the MSPB and other administrative bodies in jurisdictions stretching from coast to coast. We know how to navigate the procedural nuances and local practices in each region.So whether you’re a federal employee in San Francisco, Miami, Chicago, or anywhere in between, we have the resources and experience to vigorously defend your interests. Don’t let geography limit your access to elite legal representation.

Taking Your Case From Consultation to Conclusion

From the moment you first contact us for a free consultation, you’ll realize the Spodek Law Group offers a different kind of client experience. We’ll take the time to truly understand your situation, explain all your options, and map out a comprehensive strategy for resolving your case favorably.But our work is far from over once we’ve been retained. We’ll continue gathering evidence, interviewing witnesses, reviewing documentation, and developing legal arguments. Our team will meet frequently to ensure every angle is explored and every possible defense considered.When it’s time for negotiations, hearings, or appeals, you can be confident you’ll have a team of battle-tested litigators advocating on your behalf. We understand how to effectively present evidence, examine witnesses, and forcefully argue the law and facts.Our founder, Todd Spodek, is a second-generation trial attorney who has handled hundreds of complex cases in his career. He and our team of seasoned lawyers will bring that unmatched experience to bear on your federal employment case.