United States Federal Circuit

Dismissal by the Merit Systems Protection Board of petitioner's appeal of her removal from her position as an Assistant United States Attorney is reversed and remanded, where: 1) the seven-plus months during the pendency of petitioner's background check in the months before August 2009 count toward the required 2 years of current continuous service; and as such, 2) petitioner worked for more than two years in the same or similar positions and she comes within the statutory definition of an "employee" who may appeal to the Board.

Appellate Information

• Decided 01/15/2014
• Published 01/15/2014

Judges

• TARANTO

Court

• United States Federal Circuit

Counsel