United States Federal Circuit

In a suit brought by a former government employee who was terminated while he was still in his probationary period, the Board's dismissal for lack of jurisdiction is affirmed where, under the correct reading of 49 U.S.C. section 40122(g)(3), which authorizes FAA employees to appeal certain actions to the Board, plaintiff was in the excepted service, not in the competitive service.

Appellate Information

• Published 2016/06/22

Judges

• TARANTO

Court

• United States Federal Circuit

Counsel