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October 2012

MSPB Reverses Removal Where Federal Employee Was Not Provided Due Process

By John V. Berry, Esq.,

In an interesting case, the MSPB has reversed the removal of a federal employee that was not provided due process in responding to a proposed removal action.  The case before the Board was Alford v. DOD, 2012 MSPB 110 (Sept. 28, 2012). The case appeared to present many issues, but the key issue for purposes of due process involved the failure of the Agency to provide the federal employee the opportunity to provide an oral response prior to his removal. 

In particular, the Board found that the federal employee had submitted a request for an oral reply, but that the Agency had issued their decision removing the employee without providing the oral reply.  Federal agencies must be careful in removing employees without providing them their full due process rights.  The MSPB has been vigiliant, as of late, in ensuring that federal employees are provided with their full due process rights in these types of matters.

A copy of the decision is attached here. Download Alford Due Process  Please keep in mind if a federal employee is facing this type of action that they should consult with an attorney familiar with these issues.  Our firm can be contacted at should a federal employee wish to consult over these types of issues.