Saturday, February 07, 2015

MSPB, Probationary employees appeal right

Generally, employees who may appeal adverse actions and performance-based actions are those in the competitive service who have completed a probationary period and those in the excepted service (other than the Postal Service) with at least two years continuous service. Postal Service employees who may appeal adverse actions are preference-eligible employees with one year continuous service and certain Postal Service supervisors, managers, and employees engaged in personnel work.

Probationary employees have very limited appeal rights. They may appeal a termination based on political affiliation or marital status, and they may appeal a termination based on conditions arising before employment on the grounds that the termination was not in accordance with regulations. Employees and annuitants may appeal OPM decisions affecting entitlements under the retirement systems. Certain actions, such as OPM suitability determinations and OPM employment practices, may be appealed by applicants for employment.

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