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 on the written record. AF, Tab 21. For the reasons set forth below, the agency’s action is REVERSED.
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 date of termination through the date of the decision, one years’ front pay in lieu of reinstatement and $80,000 and full recovery of attorneys fees incurred in his representation.
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.
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. The Administrative Judge had granted a default judgment in this case because the local EEO office took no action to investigate the complaint for over a year after it issued an acceptance letter.
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 procedures.
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,
Jerry Shadinger and Edward Zachary v. David Barram Jan. 17, 2002. Two white male employees of the U.S. General Services Administration secure a $115,000 verdict for being discriminatorily denied promotion and reassignments.
On February 18, 1999 we filed a lawsuit in Federal District Court in Atlanta seeking 1 3/4 million dollars in damages against the U. S. Postal Service for injuries sustained by postal worker Ronald Foster when he was assaulted and shot at by a coworker in the parking lot at his workplace.
Case Number: 98-3411
Court: US Court of Appeals for the federal Circuit
Synopsis: Appeal of MSPB Decision
Case name: Jack Dugan v. Georgia Housing and Finance Authority
Case Number: Civ. Act. 2:98-A-755-N
Court: US District Court Mid. Dist. Ala.