United States Federal Circuit

In an action seeking review of a final decision of the Merit Systems Protection Board dismissing petitioner's appeal for lack of jurisdiction after concluding that he was not constructively suspended during his four month absence from work, the Board's decision is affirmed where: 1) it applied the correct legal standard to determine whether an employee has been constructively suspended; and 2) the decision is supported by substantial evidence.

Appellate Information

• Published 2016/08/17

Judges

• HUGHES

Court

• United States Federal Circuit

Counsel