Federal Employment Defense
Representing federal employees from GS-12 through Senior Executive Service level in disciplinary proceedings, proposed removals, MSPB appeals, and related administrative matters.
Is This Your Situation?
Federal employees come to Maher Legal at different stages of the disciplinary and administrative process. You may be in the right place if:
How We Approach Federal Employment Matters
Federal employment law is a specialized field. The procedures governing disciplinary actions, removals, and MSPB appeals are distinct from both private sector employment law and general civil litigation. The timelines are strict, the procedural requirements are precise, and the forums, whether agency review boards, the Merit Systems Protection Board, or federal appellate courts, each operate according to their own rules.
The attorneys at Maher Legal have worked inside federal agencies at senior levels, including as General Counsel of the United States Office of Personnel Management, the agency that oversees the federal civil service itself. That background provides a direct understanding of how agency decisions are made, how internal processes unfold, and where in the proceedings early intervention matters most.
Tony San Martin leads the firm’s federal employment practice, and his work in this area has produced four precedent-setting decisions before the U.S. Merit Systems Protection Board. He has been lead counsel in cases involving removal actions, discrimination claims, suitability determinations, debarments, and a wide range of MSPB matters across more than twenty years of practice in both government and private settings.
The firm has represented federal employees at the National Security Agency, FEMA, the Department of the Army, and the Department of Labor, at grades ranging from GS-12 through Senior Executive Service level.
What the Process Looks Like
Notice of Proposed Action
A federal disciplinary proceeding typically begins with a written notice of proposed removal, suspension, or demotion. This notice identifies the charges and the evidence the agency is relying on. You have the right to review that evidence and to respond in writing and, in most cases, orally. The response period is time-limited and varies by agency and type of action, which is one reason early engagement with counsel matters.
Agency Decision and Appeal
After reviewing your response, the agency issues a final decision. If the action is taken, you have the right to appeal to the Merit Systems Protection Board. The appeal window is short and strictly enforced, which makes prompt engagement with counsel critical.
Merit Systems Protection Board
An MSPB appeal proceeds before an administrative judge and involves discovery, motion practice, and a hearing that resembles a bench trial. The administrative judge issues an initial decision. Either party may petition the full Board for review of that decision. The Board’s decision may then be appealed to federal court.
Representative Matters
Tony San Martin’s federal employment work has produced four precedent-setting decisions before the U.S. Merit Systems Protection Board. The firm has represented employees at the National Security Agency, FEMA, the Department of the Army, and the Department of Labor, from GS-12 through Senior Executive Service level, in removal proceedings, MSPB appeals, discrimination matters, and suitability determinations.
Time Matters in Federal Employment Cases
The deadlines in federal employment proceedings are strict and missing them can eliminate your right to appeal. If you have received a notice of proposed action or are facing an adverse proceeding, the most important step is to seek counsel promptly. We welcome the opportunity to speak with you about your situation.
You can also reach us by phone at (708) 468-8155.