At Southworth PC, we understand that federal employees deserve protection and advocacy in cases of wrongful disciplinary action. Recently, our team of MSPB attorneys secured a win for a federal employee who was suspended without pay for 21 days by a large federal agency Our client’s successful appeal before the Merit Systems Protection Board (MSPB) highlights our commitment to ensuring justice for federal employees facing undue disciplinary actions.
Case Background
Our client was suspended for 21 days based on what we asserted were false allegations. Despite the seriousness of these charges, our client maintained that his actions did not warrant such harsh penalties and that the process leading to his suspension was flawed.
Legal Challenges
This case was complex due to the Agency’s internal personnel system, which operates under unique rules that are distinct from the general federal civil service procedures. However, because the suspension exceeded 14 days, the MSPB had jurisdiction. This allowed our team to mount a defense against the Agency’s charges, focusing on the procedural flaws and the lack of clear evidence supporting the allegations.
Legal Grounds and MSPB Decision
At the hearing, our team of MSPB attorneys at Southworth PC argued that several of the Agency’s charges were not supported by preponderant evidence, a standard required under federal employment law. The MSPB ultimately found that age discrimination played a significant role in the Agency’s decision to suspend our client. The evidence showed that comments about our client’s age were made by his supervisor, which influenced the decision-making process. Under the “cat’s paw” theory of discrimination, even though the immediate supervisor did not directly impose the suspension, his bias influenced the final decision.
The MSPB ruled that the Agency had failed to show by clear and convincing evidence that it would have taken the same action absent this discriminatory bias. As a result, the 21-day suspension was reversed, and our client was awarded full back pay and benefits.
Find a Team of Advocates with MSPB Attorneys
This victory underscores the importance of fighting against unjust disciplinary actions in federal employment, particularly when discrimination plays a role. At Southworth PC, we believe that no federal employee should face unlawful retaliation or unfair treatment in the workplace.
If you or someone you know is facing disciplinary action or discrimination as a federal employee, contact Southworth PC. Our team of experienced federal employment and MSPB attorneys is dedicated to ensuring that your rights are protected.
Disclaimer: Past results do not guarantee future outcomes. The information provided in this blog post is for general informational purposes only and does not constitute legal advice.