The Agency placed our client on indefinite suspension without pay based on the suspension of his security clearance. We appealed to MSPB and argued that the indefinite suspension should be reversed because the agency failed to provide our client with sufficient notice of the allegations against him, required under 5 U.S.C. § 7513. The agency declined to engage in any settlement discussions leaving our client no alternative other than to proceed to a hearing. The testimony and evidence adduced at the hearing established the agency considered documents that were never provided to our client which is prohibited under the regulations. This evidence, combined with our legal arguments, led to a favorable resolution.
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