If you work for the Federal Bureau of Investigation and you’ve just received a suspension or removal notice, you’re likely asking: Can I fight this? Do I have appeal rights? The answer is: maybe — but it depends on your status and the type of action. Many FBI employees assume they have no recourse to the Merit Systems Protection Board (MSPB). That’s not always true. This post will explain when you can appeal, when you can’t, and what steps you should take now.

For the full background on this area of law, see our main policy page: FBI Employees Now Have Limited MSPB Appeal Rights — But Few Know It
And explore our broader federal employment practice here: Nationwide Federal Employment Lawyers

When MSPB Appeal Rights Generally Apply

Under 5 U.S.C. Chapter 75, many federal employees may appeal certain adverse actions — such as removals, demotions, or suspensions over 14 days — to the MSPB. 
But — not all federal employees have the same rights. In fact, eligibility depends on your service category (competitive vs excepted), your length of service, and your agency’s statutory status.

Here’s the general rule: If you’re in the competitive service, have completed your probation, and your action is a removal/demotion/suspension over 14 days, you likely have MSPB rights. But if you’re in the excepted service (which includes many FBI positions) or your agency is excluded from MSPB jurisdiction, you may not.

How This Applies to FBI Employees

Now let’s apply that general federal-employment rule to FBI personnel.

Preference-Eligible Veterans

  • If you are a preference-eligible veteran working for the FBI, you may have MSPB appeal rights for adverse actions such as removal, demotion, or suspension of more than 14 days.

  • “Preference-eligible veteran” typically means a veteran eligible for veteran’s preference under 5 U.S.C. § 2108 (for example certain active duty veterans, disabled veterans, etc).

  • Because the FBI is structurally an excepted-service agency with special rules, only the veterans in that category have that appeal right for adverse actions.

Non-Preference Eligible FBI Employees

  • If you are not a preference-eligible veteran, then your rights for MSPB appeals of removals/suspensions at the FBI are very limited or non-existent. Many non-preference FBI employees are excluded from adverse action appeal rights to MSPB.

  • That means if you receive a removal or long suspension, you may not be able to file an MSPB appeal — instead you may be limited to internal FBI/DOJ processes, EEO or other administrative channels.

What Counts as an “Adverse Action”?

For the MSPB to have any jurisdiction, the action typically must be one of the following:

  • A removal (termination)

  • A demotion (in grade or pay)

  • A suspension for more than 14 calendar days

  • In some cases, performance-based removals or chapter-43 actions

If your suspension is 14 days or less, you usually do not have an MSPB appeal right — although you still may have other remedies (grievance, EEO, etc.).

Because FBI employees often operate under different rules (excepted service, special security/clearance conditions, etc.), it is critical to check whether your specific status allows an MSPB appeal.

Key Steps You Should Take Immediately

If you are an FBI employee facing removal or a major suspension, here’s what you should do now:

  1. Check your veteran/“preference‐eligible” status: Are you a preference-eligible veteran under federal law? If yes, you may have MSPB appeal rights. If no, your focus shifts to other avenues.

  2. Review the action and timeline:

    • Was the suspension over 14 days, or is the action a removal/demotion?

    • Has the action been finalized (decision issued)?

    • Under MSPB rules, if you have appeal rights, you typically have 30 days from the effective date of the adverse action or the date you receive the decision letter to file.

  3. Gather your documents: The proposal letter, decision letter, any internal response you submitted, your service record, any communications or mitigation evidence. Time is of the essence.

  4. Explore alternative remedies:

    • Even if MSPB rights are unavailable, check internal FBI/DOJ processes, union (if applicable), EEO complaint options, or other administrative appeals.

    • If there is any allegation of whistleblower retaliation or discrimination, you may have separate rights — even if MSPB adverse action rights are unavailable for your status.

  5. Talk to an attorney experienced in federal employment and security-clearance law: The interplay of clearance issues, internal agency investigations, and appeal rights at the FBI can be especially complex. That’s where the specialized team at National Security Law Firm comes in.

Why National Security Law Firm Is the Right Choice

At National Security Law Firm, we specialize in federal employment and clearance-risk matters for federal employees, including FBI personnel. Here’s how we help:

  • We know the unique rules that apply to FBI employees and how the MSPB appeal rights are different for preference-eligible veterans versus non-preference employees.

  • We understand the interface between disciplinary actions, clearance issues, internal FBI/DOJ processes, and MSPB appeals.

  • We represent federal employees nationwide (not just in one region) and we offer flexible legal financing options to help you get representation when you need it.

  • We have a track record of securing favorable outcomes for clients facing high-stakes adverse actions and clearance suspensions.

If you’re an FBI employee facing a removal or major suspension, don’t wait — the deadlines for appeal or other options may be short. Contact us today for a free consultation.

Want to Learn More?

For a deeper dive into how appeal rights for FBI employees are evolving — including whistleblower appeal rights — check out our comprehensive page here: FBI Employees Now Have Limited MSPB Appeal Rights — But Few Know It
And explore our full federal employment practice here: Nationwide Federal Employment Lawyers

More Resources for FBI Employees

Your rights as an FBI employee don’t end with a removal notice. Explore these additional posts to understand every protection available — and how recent reforms could impact your case:

These resources connect the dots between your service status, your appeal options, and the new whistleblower protections available to FBI personnel nationwide.

National Security Law Firm: It’s Our Turn to Fight for You.