Two cases that were brought before the United States Court of Appeals for the Federal Circuit were recently overruled. The cases involved United States Postal Service employees who were challenging the Merit Systems Protection Board’s (MSPB) dismissals for lack of jurisdiction of their removal appeals.
Their appeals were dismissed after the MSPB found the employees did not have appeal rights because they did not meet the definition of “employee” under 5 U.S.C. § 7511(a)(1)(B)(ii), which requires one year of current continuous service to be considered an employee.
One employee attempted to argue that they were an “employee” under a “continuing employment contract” theory. The Board dismissed the case and the employee had to appeal again to the Federal Circuit.
Citing Exum v. Department of Veterans Affairs, the second employee tried to argue that he retained his appeal rights from his prior appointment, and therefore, was an “employee.” However, the board dismissed the appeal because it found the employee did not meet the requirements of Exum because he did not demonstrate that he would have rejected his new position if he knew he would lose his appeal rights.
After considering the two cases, the United States Court of Appeals for the Federal Circuit affirmed the Board’s dismissal of the two cases due to lack of jurisdiction.
We Can Help with Your MSPB Appeal
At John P. Mahoney, Esq., Attorneys at Law, we are committed to helping clients with their MSPB appeal cases. If you have been suspended, demoted, or terminated for alleged misconduct or unacceptable performance, you should consult with our legal professionals to get assistance with your appeal. We are here to defend your rights and protect your career against unfair disciplinary actions handed down by your employer.
Call (202) 759-7780 to schedule your case consultation with one of our MSPB attorneys.