Understanding the Individual Right of Action Appeal

For federal employees facing retaliation, the Individual Right of Action (IRA) appeal is one of the most powerful tools in federal employment law. It allows you to take your whistleblower retaliation case directly to the Merit Systems Protection Board (MSPB) after giving the U.S. Office of Special Counsel (OSC) a chance to investigate.

The IRA is your personal lawsuit against the agency.
It is where you present your evidence, challenge retaliatory motives, and demand justice.

Most employees do not know this remedy exists. Even fewer understand how to use it effectively. This guide will walk you through every part of the IRA process, written from the perspective of federal insiders, former agency counsel, former military JAG officers, and former adjudicators who know how agencies operate behind the scenes.

If you are facing retaliation, the IRA may be your lifeline.

What Is an IRA Appeal

An Individual Right of Action appeal is a whistleblower retaliation case filed at the MSPB. You can only file it after filing a complaint with the Office of Special Counsel, unless the personnel action is directly appealable as an Otherwise Appealable Action (OAA).

The IRA allows federal employees to challenge retaliatory actions such as:

  • Suspensions of 14 days or less

  • Reassignments

  • Changes to duties

  • Denials of awards

  • Denials of training

  • Hostile work environment actions

  • PIPs

  • Threatened personnel actions

  • Retaliatory investigations

  • Any action affecting your working conditions

All of these qualify as personnel actions under 5 U.S.C. § 2302(a)(2) when motivated by whistleblowing.

In most federal retaliation cases, the IRA is the only path to justice.

Who Can File an IRA Appeal

Any federal civilian employee, former employee, or job applicant may file an IRA appeal if they:

  1. Made a protected whistleblower disclosure

  2. Experienced a covered personnel action

  3. Filed a complaint with the Office of Special Counsel

  4. Waited the required time (or received a closure notice)

This includes federal employees in:

  • Competitive service

  • Excepted service

  • VA Title 38

  • DHS

  • DOD civilian roles

  • Federal contractors in some circumstances

You do not have to prove the misconduct occurred.
You only need a reasonable belief that wrongdoing happened.

When You Should Use an IRA Appeal Instead of a Direct MSPB Appeal

If the retaliatory action is not directly appealable, you use an IRA.

Examples of actions requiring an IRA:

  • Suspensions of 14 days or less

  • Details or reassignments

  • Performance Improvement Plans

  • Negative performance evaluations

  • Removal of duties

  • Telework restrictions

  • Retaliatory investigations

  • Harassment after whistleblowing

Direct appeals are limited. IRA appeals cover the real-world retaliation most federal employees actually experience.

Step 1: Filing Your OSC Complaint

Before you can file an IRA, you must file a complaint with OSC through the online portal or by using the OSC-11 complaint form:

File your OSC complaint:
https://osc.gov/Services/Pages/ComplaintForms.aspx

Your OSC complaint must include:

  • Clear explanation of your protected disclosures

  • Timeline of retaliatory actions

  • Evidence of motive and timing

  • Witness information

  • Key documents

  • Identification of prohibited personnel practices

You should sign your statement under penalty of perjury to strengthen its credibility.

OSC will review the complaint, request information from the agency, and decide whether to pursue the case.
If OSC does not secure corrective action, you can proceed to MSPB.

Step 2: When You Can File the IRA

You may file an IRA appeal:

  • 65 days after receiving OSC’s closure letter

  • 120 days after filing with OSC if OSC has not acted

  • Immediately if OSC terminates its investigation early

Do not miss deadlines.
Agencies count on delay to weaken your case.

Step 3: Filing Your IRA Appeal With MSPB

You file your IRA directly with the MSPB:

MSPB e-filing portal:
https://efile.mspb.gov

Your appeal should include:

  • A detailed narrative statement

  • Your OSC complaint

  • All retaliation evidence

  • Proof of protected disclosures

  • Witness lists

  • Documentation of personnel actions

  • Any comparator evidence

  • Any OSC correspondence

This is your chance to tell the entire story, backed by evidence.

The Legal Standard for Winning an IRA Appeal

To win your IRA appeal, you must prove four things by a preponderance of the evidence:

1. You made a protected whistleblower disclosure

Must fall under:

  • Violation of law

  • Abuse of authority

  • Gross mismanagement

  • Gross waste of funds

  • Substantial danger to public health or safety

  • Censorship of scientific information

2. The agency knew about your disclosure

Direct or constructive knowledge.

3. The agency took, failed to take, or threatened a personnel action

4. Your disclosure was a contributing factor

This can be shown by:

  • Timing

  • Knowledge

  • Motive

  • Hostility

  • Inconsistency in explanations

If you prove these four elements, the burden shifts to the agency.

The Agency’s Burden: Clear and Convincing Evidence

If you meet your burden, the agency loses unless it proves:

It would have taken the same action even if you had not made the disclosure.

This is the clear and convincing standard, an intentionally high burden designed to protect whistleblowers.

Agencies try to meet this burden by arguing:

  • Performance deficiencies

  • Conduct issues

  • Business needs

  • Preexisting plans

  • Comparator employees

Your attorney must expose inconsistencies, pretext, and retaliatory motives.

What Remedies You Can Receive From an IRA Appeal

Winning an IRA case can result in powerful corrective actions, including:

  • Reinstatement

  • Back pay with interest

  • Attorney fees

  • Restoration of telework

  • Correction of records

  • Promotion reconsideration

  • Removal of negative evaluations

  • Cessation of retaliation

  • Compensatory damages in some cases

  • Policy changes

  • Disciplinary actions against retaliators (via OSC referral)

An IRA appeal is often the only way to recover what retaliation took from you.

Common Mistakes Federal Employees Make During IRA Cases

Avoid these fatal mistakes:

  • Waiting too long to file at OSC

  • Failing to document retaliation

  • Filing in the wrong forum

  • Not understanding protected disclosures

  • Assuming OSC will “handle it”

  • Not preparing for pretext arguments

  • Not hiring experienced counsel

  • Not identifying comparator employees

  • Responding emotionally instead of strategically

Each misstep gives the agency an advantage.
Do not give them that opportunity.

Advanced Strategies to Win Your IRA Appeal

Experienced federal retaliation lawyers use insider strategies such as:

  • Pretext mapping to dismantle the agency’s justification

  • Comparative discipline analysis to expose selective enforcement

  • Retaliatory timing charts showing motive

  • Hostility tracking logs

  • Supervisor credibility attacks

  • Constructive knowledge arguments

  • Discovery requests designed to expose contradictions

  • Leveraging IG or OSC disclosures as evidence

  • Using pattern evidence of retaliatory culture

  • Security clearance protection strategies if clearance retaliation is involved

These strategies win cases.
Agencies fear experienced retaliation counsel because these approaches expose the truth they work hard to hide.

Why Choose National Security Law Firm for Your IRA Appeal

Retaliation cases are among the most technical and strategically complex matters in federal employment law. You need a team with inside knowledge, battle-proven strategy, and the credibility to challenge federal agencies head-on.

National Security Law Firm delivers unmatched advantages:

  • 4.9 star Google reviews

  • Former federal employees, former JAG officers, former agency counsel, former security clearance adjudicators

  • Washington DC based in the center of federal law and MSPB practice

  • Nationwide representation for all federal employees

  • Attorney Review Board providing elite internal oversight of complex cases

  • Disabled veteran founded, mission-driven, and relentless

  • Legal financing available through Pay Later by Affirm

  • A singular focus: maximizing outcomes for federal employees

  • We don’t just fight cases. We restore careers.

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

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