Federal employees appealing firings, suspensions and other adverse actions taken against them by their agencies are increasingly going before a judge to make their cases, rather than taking a settlement offer from their employer.
Just 47% of initial appeals before the Merit Systems Protection Board—the quasi-judicial agency tasked with ensuring agencies follow civil service laws in their disciplinary actions and other decisions—that were not dismissed immediately ended in settlement, according to MSPB’s annual report for fiscal 2019, down from 51% in fiscal 2018 and 53% in fiscal 2017. Just five years ago, agencies and employees settled 61% of cases.