United States Federal Circuit

Dismissal of plaintiff's claim of adverse personnel action, under the Whistleblower Protection Act, for lack of jurisdiction is reversed where the administrative judge improperly concluded that plaintiff was not an employee that is eligible to file an appeal.

Appellate Information

• Decided 11/08/2004
• Published 11/08/2004

Judges

• CLEVENGER, Circuit Judge., Before CLEVENGER, RADER and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Joseph J. Jablonski, Jr., of Arlington, Virginia, argued for petitioner.


• For Appellees:
  
• Joyce G. Friedman, Attorney, Office of the General Counsel, United States Merit Systems Protection Board, of Washington, DC, argued for respondent.   With her on the brief were Martha B. Schneider, General Counsel, and Stephanie M. Conley, Reviewing Attorney.