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In the BLOG

December 2017 Victories at Alan Lescht & Associates!

We’ve had a busy December! Our team recently won two appeals before the U.S. Merit Systems Protection Board (MSPB) and the Office of Federal Operations (OFO) on behalf of federal employees seeking to reverse removal actions.

OFO Victory

Our client worked for the Department of Justice and suffered from severe medical conditions that made it difficult for her to arrive to work on time. She requested a reasonable accommodation of a flexible work schedule, which the Agency denied. This denial subsequently led to her removal from service.

Our client filed an EEO complaint based on disability and failure to reasonably accommodate. The Agency issued a Final Agency Decision (FAD) finding no discrimination. We appealed the decision to the OFO, who found that the Agency had indeed denied our client reasonable accommodations, leading to her removal. The OFO ordered the Agency to reinstate our client to her former position and pay her back pay, compensatory damages, and attorney’s fees. The OFO also ordered the Agency to consider taking appropriate disciplinary action against the officials involved in the discrimination.

MSPB Victory

Our client was improperly charged with AWOL and Failure to Follow Leave Procedures after failing to personally contact the Agency when he was too sick to report to work. Instead, his wife contacted one of his supervisors that morning on his behalf. When the client returned to work the next day, he requested sick leave but it was denied. The Agency later removed him based upon his absence.

We appealed the client’s removal and represented him in a hearing before MSPB. We argued that the Agency failed to prove that it properly denied our client’s leave request, so the AWOL charge should have been dismissed. We also argued the Failure to Follow Leave Procedures charge should be dismissed because our client’s wife contacted the Agency to request sick leave for him.

Ultimately, the Administrative Judge reversed the Agency’s decision on both charges and ordered the employee’s reinstatement with back pay and benefits. The Agency was required to grant our client sick leave because he demonstrated that he was too sick to perform his duties. The Agency also failed to show that the wife’s request for sick leave violated leave procedures.

Questions? Call us today at (202) 463-6036, email us, or visit our website. We assist federal employees asserting discrimination claims before the EEOC, responding to proposed discipline, appealing discipline to the MSPB, pursuing grievances, challenging clearance revocations, and appealing denial of within grade increases. Our attorneys have experience in all aspects of federal litigation involving Title VII, the Rehabilitation Act, the Americans with Disabilities Act (ADA), and the Family and Medical Leave Act (FMLA).

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