Filing E-Appeal with MSPB.gov

Know Before You File

• If you are fired or otherwise believe you have been demoted or discriminated against, do not wait to file. You must file within 30 days of that adverse action. When in doubt, file now and contact a lawyer.
• If you are challenging or disputing an adverse employment action like a firing, demotion, or discrimination, you are an "Appellant" in this system.
• The online system is very slow and pages may take more than one minute to load. Please be patient.
• You can also print out Form 185 of the e-appeal and fax or email it lieu of applying online (202-653-7130 or mspb@mspb.gov).

Step 1: Register as a new user

• Go to mspb.gov
• Select “Access E-Appeal”
• Under “New User” select “Register” and read the instructions
• Select “Appellant”
• Provide your name and email address
• Create a username and password
• Review and check your email for a verify your email address

Step 2: Filing Your E-Appeal

• Return to mspb.gov and select “Access E-Appeal”
• Log in as a “Returning User”
• Update your profile with your address and phone number and select “Save and Exit”
• Go to dashboard
• Select “New Appeal”
• Appellant and Agency Information
  • Read the instructions and information carefully 
  • Confirm your contact information
  • Submit your agency name and bureau 
  • Submit your federal employment status at the time of the action or decision you are appealing
  • If you are unsure about your “Type of Appointment” select “Competitive” and as your HR representative to confirm
  • “Length of Service” refers to how long you have been a federal employee overall
  • “Do you want a hearing?” Select YES
• Agency Action
  • “Would you like to upload a completed Form 185?” This is the PDF form that can be downloaded, filled out, and then faxed through the portal. Select NO since you are completing the form online.
  • If you feel you’ve been fired, demoted, or discriminated against select “Proceed to Part 2”
  • Check the box that best describes the agency action or decision you are appealing
  • Note: Firing = “Removal” unless it’s probationary and then it’s “Termination”
  • If you are confused about which box to check, do your best and make sure you file within 30 days. You will have an opportunity to clarify the nature of your claim/appeal.
  • Indicate the date you received the agency’s final decision letter 
  • “Prior to filing this appeal, did you agree to mediate?” The only way to extend the deadline by 30 days is for the agency to provide a written agreement to extend the filing deadline because of an agreement to mediate. Select NO unless you have written, certain proof that the deadline is extended.
  • Explain briefly why you think the agency was wrong in taking this action
  • Specify how you would like to receive the Agency Proposal Letter i.e. by email, by first-class mail, etc. 
  • You will be asked to submit / upload documents to support your claim. Do not wait to submit the claim if you do not have the documents handy.  You can submit them later.
  • “With respect to the agency personnel action or decision you are appealing…” Did the union file a grievance on this issue about your particular situation? If the answer is no, click NO. If the answer is yes, call your union steward and ask them to double check. If you are not in a union click NO. 
  • “Are you seeking to submit a request for review of an arbitrator's decision?” If you are not in a union click NO. If you are confused and in an union, call your union steward. If you don’t know the answer click NO. When in doubt, click NO and move on. 
  • “If you filed a whistleblower complaint” If you are a whistleblower and something happens to you (even if not a firing, demotion, etc) you can go to OSC. Did you? Click YES or NO. You can still raise a whistleblower case to a judge if you were fired, demoted, or suspended without going to OSC.
  • “Have you filed a complaint with the Department of Labor?” This screen pertains to allegations of violations of veterans rights. Select YES or NO.
• Representation
  •  If you have a lawyer, ask them to represent you in this proceeding before the Board.

   

• Certification
  • This field will populate itself with geographic information. Do not change it.
• Review and Submit
  • It is very important to review all your information. 
  • Select “Submit” and check your email for a confirmation.

To Find Your Case

• Go to “Home” and look for your case in “My Docketed Appeals”
• Check your email frequently for notices from the board
• Download the receipt that says you filed and on what date
• Follow all instructions and orders from the judge
• Seek legal assistance and guidance as appropriate from a qualified attorney