United States Third Circuit

In a complaint alleging retaliatory failure to hire due to petitioner's prior whistleblowing activity, petition for review is granted, and Administrative Review Board decision in favor of employer vacated and remanded, where petitioner's showing that he had not been hired for any position was equivalent to a showing that he had been "rejected" for all positions.

Appellate Information

• Decided 09/25/2008
• Published 10/16/2008

Judges

• Before:  AMBRO, FUENTES and FISHER, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Syed M.A. Hasan, Madison, AL, for Petitioner., Joan Brenner, Esq., Ellen R. Edmond, Esq., Paul L. Frieden, Esq., United States Department of Labor Office of the Solicitor, Washington, DC, for United States Department of Labor.