Mixed Case Appeal – Atlanta Attorney

Should the former or current federal employee with an EEO issue file a “mixed case” in the MSPB?  Federal employees who have been dismissed, demoted, or suspended without pay for over 14 days have the right to appeal to the MSPB.
If the employee attributes the adverse action to bias, in whole or part, based upon Title VII, age, or disability in violation of federal anti-discrimination laws, it is a mixed case if related to or stemming from an action that can be appealed to  MSPB.  However, the mixed case claim cannot be made to both the Agency and the MSPB. An earlier claim has priority and the later claim is subject to dismissal. Any alleged discrimination issue can be determined by the MSPB in a mixed case appeal if the MSPB acknowledges jurisdiction under the Civil Service Reform Act of 1978, and finds no procedural defect in the EEO claim.  On non-mixed case appeals before the MSPB, a final adverse decision must be appealed to the Court of Appeals for the Federal Circuit.  If there is an adverse decision on an EEO issue in a mixed case by the MSPB, the employee can petition for review to the EEOC Office of Federal Operations or file directly in federal district court.  
You may call and speak with Bev Bates at 404-262-6272.  His office is located at 3151 Maple Dr., NE, Atlanta, GA 30305, where he has been located since 1992.  He began private practice in 1974, co-founding Bates & Baum.  Before that he argued and briefed court-martial appeals for 4 years in Army JAG and served 8 years as assistant U.S. Attorney, Northern District of GA, Atlanta. 
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Mr. Beverly B. Bates

Licensed since 1961

Member at firm Bates & Baum

AWARDS

AV Preeminent

RECENT POSTS

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    Posted on September 4, 2019
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     Bev Bates, Atlanta attorney in private practice since 1974, specializes in employment law. He represents employees who are required by their employment agreement to resolve any employment dispute by arbitration. Before entering private practice, Bev was an Army JAG officer attached to the Pentagon and afterwards an Assistant U.S. Attorney in Atlanta representing federal ... Read more

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    Posted on July 30, 2019
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    Bev Bates has represented federal employees since 1974 when he was co-founder of Bates & Baum, Atlanta, GA. Before that as an Army JAG officer he represented soldiers on appeal of general court-martials before Washington, DC, U.S. Court of Military Appeals and later represented federal officials in civil cases as an Assistant U.S. Attorney in ... Read more

Mr. Beverly B. Bates

Licensed since 1961

Member at firm Bates & Baum

AWARDS

AV Preeminent

RECENT POSTS

  • Employee-Management Arbitration Representation – GA Attorney
    Posted on September 4, 2019
    Topic: Labor and Employment

     Bev Bates, Atlanta attorney in private practice since 1974, specializes in employment law. He represents employees who are required by their employment agreement to resolve any employment dispute by arbitration. Before entering private practice, Bev was an Army JAG officer attached to the Pentagon and afterwards an Assistant U.S. Attorney in Atlanta representing federal ... Read more

  • Federal Employee Compensatory Damages – Ga Attorney
    Posted on July 31, 2019
    Topic: Labor and Employment

    Damages for back pay, lost leave due to administrative leave without pay, lost annual increases or other benefits due to wrongful performance ratings or illness caused by an EEO violation, expense of medical treatment due to denial of reasonable accommodation or medical or mental treatment due to work environment hostility, cost of future medical treatment ... Read more

  • Federal Employee Mixed Case Appeal Representation – GA Attorney
    Posted on July 30, 2019
    Topic: Labor and Employment

    Bev Bates has represented federal employees since 1974 when he was co-founder of Bates & Baum, Atlanta, GA. Before that as an Army JAG officer he represented soldiers on appeal of general court-martials before Washington, DC, U.S. Court of Military Appeals and later represented federal officials in civil cases as an Assistant U.S. Attorney in ... Read more