Testimony Supporting Another Employee in AIB Interview is Not Protected
Case Law Update Conor D. Dirks Case Law Update Conor D. Dirks

Testimony Supporting Another Employee in AIB Interview is Not Protected

On June 17, 2016, the Merit Systems Protection Board held that an appellant’s testimony during an Administrative Investigation Board (“AIB”) investigation is not protected activity under 5 U.S.C. § 2302(b)(9)(B), which protects agency employees that testify or lawfully assist individuals in the exercise of appeal, complaint, or grievance rights.

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Failure to Object to Scope of Appeal Barred Adjudication of Unreasonable Post-Restoration Position
Case Law Update Conor D. Dirks Case Law Update Conor D. Dirks

Failure to Object to Scope of Appeal Barred Adjudication of Unreasonable Post-Restoration Position

A Postal Service employee appealing the agency’s failure to restore her to a position after she was injured and gained new medical restrictions argued that the position she was restored to was so unreasonable as to be an effective denial of her restoration, but her appeal was limited to the time period before she was restored.

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