Not every federal workplace dispute can be appealed to the Merit Systems Protection Board. MSPB jurisdiction depends on the personnel action, the employee's status, and the statute or regulation providing appeal rights.
Start with the notice
For proposed discipline, preserve the proposal notice, charges, specifications, evidence referenced, Douglas-factor or penalty materials when provided, reply rights, representative designation, and deadline. For an imposed action, preserve the final decision and proof of receipt.
Common MSPB adverse actions
Certain removals, suspensions of more than 14 days, reductions in grade or pay, and short furloughs are among the actions commonly within MSPB's adverse-action jurisdiction for covered employees. Other matters may reach MSPB through different statutes or not at all.
Build the record before the appeal
Separate the agency's factual charges from legal conclusions. Identify which facts are admitted, disputed, unsupported, or mitigated. Preserve comparator/penalty information lawfully available, performance history, policy, witness information, and the employee's reply.
Discrimination can change the route
An appealable action combined with discrimination allegations may be a mixed case. Forum/election rules can affect the path. Do not file in multiple forums assuming one will sort it out later.