Attig Law Firm wins complete victory for client at MSPB
There is no greater feeling than being able to call a client and tell him he has been exonerated by a Judge. I had the opportunity to experience that feeling again on Friday. After a hearing before the MSPB, our client’s 30 day suspension for alleged misconduct was completely reversed by an initial decision of the MSPB.
Our client, a long time supervisor with the Department of Energy (NNSA), had been accused of being involved in the release of interview questions to an interviewee in a selection decision for a vacancy announcement that occurred over two years earlier. After a cursory internal “investigation” by management, the Agency hired a third party investigator, (GenQuest, Inc.) to conduct a “fact-finding” investigation.
After the GenQuest investigation, Agency management concluded that our client was involved in the release of interview question, and charged him with failure to follow instructions, conduct unbecoming a supervisor and lack of candor. It is still unclear what evidence formed the basis of that conclusion. The MSPB agreed, and on one occasion, cited some significant procedural and substantive flaws in both the management and the GenQuest, Inc., “investigations”.
The Board held that the Agency did not sustain a single one of the 8 specifications in the 3 charges, completely exonerating our client. Because the Agency did not sustain a single charge or specification, there was no need for the Judge to consider the Douglas Factors. The Agency has been directed to cancel the suspension, reinstate our client to his supervisory position, and pay him the appropriate back-pay and interest. (As of December 2007, the client has received his back-pay, has not received the interest on the back-pay, and is contesting the Agency’s argument that they do not have to restore him to a supervisory position).
The decision is just an initial decision and will not be final for approximately 30 days. (In September 2007, the Initial Decision became a final decision of the Board when the Agency chose not to appeal the findings of the Administrative Judge). We congratulate our client on his victory and exoneration!
