November 23rd in Federal Whistleblowers, General Federal Employment Law Posts, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.
When a Federal employee is removed for failing to maintain a security clearance, the MSPB may only review that decision to determine whether the Agency met its burden of proof that:
1) the employee’s position required a security clearance;
(2) the employee’s security clearance was denied or revoked;
(3) transfer to a non-sensitive position was not feasible; and
(4) the agency followed the procedural requirements of 5 U.S.C. § 7513 in processing the removal action
In a recent case decided by the MSPB, the full Board applied the Egan [...]