United States Federal Circuit

In an action brought by a preference eligible veteran, challenging a final decision of the Merit Systems Protection Board sustaining his removal as a Special Agent at the Federal Bureau of Investigation for lack of candor under oath in violation of FBI Offense Code 2.6, and obstruction of process of the Office of Professional Responsibility in violation of FBI Offense Code 2.11, the Board's decision is: 1) sustained-in-part as to the obstruction charge and dismissal of plaintiff's affirmative defense of violations of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA); and 2) reversed-in-part as to the lack of candor charge where it is unsupported by substantial evidence and the Board improperly precluded plaintiff from raising an affirmative defense of whistleblower retaliation.

Appellate Information

• Published 2016/02/29

Judges

• LINN

Court

• United States Federal Circuit

Counsel