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Otherwise Appealable Action (OAA)
Practical Law Glossary Item 5-583-7445 (Approx. 3 pages)
Glossary
Otherwise Appealable Action (OAA)
In the context of federal public employment, one of a list of personnel actions taken against a federal employee that can be appealed directly to the Merit Systems Protection Board (MSPB) if the employee claims the personnel action was taken because of the employee's whistleblowing or other protected activity (5 C.F.R. § 1209.2(b)(2)).
The list of otherwise appealable actions includes:
- Removals (termination of federal employment).
- Reductions in salary grade or pay.
- Suspension for more than 14 days.
- Furloughs for 30 days or less for cause that will promote the efficiency of the federal agency's service.
- Involuntary resignation or retirement (considered to be a removal).
A federal employee or applicant may appeal other types of personnel actions that the employee believes were taken in retaliation for whistleblowing or other protected activity to the MSPB, but the employee must first exhaust their administrative remedies by filing a complaint with the Office of Special Counsel (OSC). This is called an individual right of action (IRA) appeal.
For more information, see Practice Note, Whistleblower Protections Under the Whistleblower Protection Act.