CHRISTOPHER P. MARCUS vs DEPARTMENT OF VETERANS AFFAIRS
INITIAL DECISION On July 19, 2019, the appellant timely filed this appeal to contest his removal from the position of Health System Administrator, GS-0670-13, from the Department of Veterans Affairs’ (VA or agency) Chattanooga, Tennessee location, effective July 16, 2019. Appeal File (AF), Tab 1. The Board has jurisdiction over this appeal. 38 U.S.C. § 714; 5 U.S.C. § 7701(b)(1). On October 17, 2019, the appellant withdrew his hearing request and asked for a decision [...]
Employee Recovers for Retaliatory Termination and a Hostile Work Environment
By decision issued in October 2015, an administrative judge of the EEOC found that the U.S. Army Corps of Engineers retaliated against our client, Tommy “Junior” Vinson, for his exercise of protected EEO activities when it terminated him from his position as an Area Facilities Operations Specialist, GS-11, during his probationary period, The judge further found that he had been subjected to a retaliatory hostile work environment. Mr. Vinson was awarded back pay from his [...]
Monica Baker v. U.S. Army – Initial Decision
On December 10, 2014, an Administrative Judge of the Merit Systems Protection Board issued an Initial Decision that reversed our client's removal and found 1) the Agency abused its discretion in denying the Appellant leave, 2) the Agency discriminated against Appellant on the basis of her disability, and 3) the Agency retaliated against Appellant in removing her. The Appellant was promptly reinstated and the issues of compensatory damages and attorneys were subsequently resolved in mediation.
Employee Recovers for Default Judgment
January 3, 2016 On December 28, 2015, the Department of the Army issued a Final Agency Action fully implementing an EEOC Administrative Judge’s Decision granting a Health System Specialist we represented $80,000 in non-pecuniary compensatory damages, restoring 340 hours of sick and 905 of annual leave, converting 618 hours of leave without pay to administrative leave with back pay and awarding additional pecuniary damages and full recovery of all attorneys fees incurred in the representation. [...]
Whistleblower Prevails on Retaliation Claim
Edward T. Kopsick, a GS-13 logistics management specialist, prevailed on a whistle-blowing claim against his employer, the Defense Logistics Agency, in an Individual Right of Action appeal before the U.S. Merit Systems Protection Board. Mr. Kopsick was appointed to a GS-14 position as the Deputy Commander of a DLA supply depot in Kandahar, Afghanistan. The depot was operated by a government contractor and Mr. Kopsick’s responsibilities included monitoring the contractor’s adherence to DLA regulations and [...]
Default Judgement Results in Substantial Recovery
On December 28, 2015, the Department of the Army issued a Final Agency Action fully implementing an EEOC Administrative Judge’s Decision granting a Health System Specialist we represented $80,000 in non-pecuniary compensatory damages, […]
