Richard R. Renner, Kalijarvi, Chuzi, Newman & Fitch, P.C.
As we noted in Part 1 of this series, the Merit Systems Protection Board now has a quorum (a Member and a Vice-Chair assumed their posts in early March 2022) and has been working on the backlog of 3400 appeals by issuing decisions. Through May 9, 2022, the Board has issued 9 Precedential and 114 Non-Precedential Decisions. Several of these decisions involve whistleblower appeals, and we have begun highlighting some important ones.
On April 20, 2022, the MSPB issued a precedential decision in Soto v. Department of Veterans Affairs, 2022 MSPB 6. Javier Soto was a reemployed annuitant. That means he had already retired but was rehired to meet an agency staffing need. The VA ultimately fired Mr. Soto, and he alleged to the Special Counsel, and then to the Board in an Individual Right of Action (IRA) appeal, that his removal was a reprisal and violated the Whistleblower Protection Act (WPA).
In its decision, the Board had to resolve a number of serious issues. First, the VA argued that the Board could not hear Mr. Soto’s case because he was a reemployed annuitant. Individuals who are “receiving an annuity” are excluded from the definition of “employee” who have the right to appeal an adverse action to the Board. 5 U.S.C. § 7511(b)(4). The MSPB rejected that argument on the ground that Mr. Soto was not “appealing” his termination to the Board; rather, he was claiming his removal was based on disclosures that are...
A man has filed a lawsuit against his ex-girlfriend, a longtime Detroit police officer, claiming she fabricated stalking charges that landed him in jail before the case was dismissed. In a 24-page,...