United States Federal Circuit
Doe v. Dept. of Justice, 08-3139
In an employment termination action, Merit Systems Protection Board judgment sustaining plaintiff's removal is vacated and remanded where: 1) the Board failed to articulate a meaningful standard as to when private dishonesty rises to the level of misconduct that adversely affects the efficiency of the service to warrant removal; and 2) the Board failed to address the fact that the FBI's decisions to sustain the charge against plaintiff and impose the penalty of removal were influenced by the assumed criminality of the behavior, and did not consider whether the FBI would have disciplined plaintiff absent the assumed criminality.
Appellate Information
- Decided 05/11/2009
- Published 05/11/2009
Judges
Court
- United States Federal Circuit