Moderator:
Raymond Angelo, Associate Director, Office of Appeals Counsel, United States Merit Systems Protection Board
Panelists:
Debra L. Roth, Attorney, Shaw Bransford & Roth P.C.
Lori A. Ittner, Branch Chief, Employment Law & Hearings Branch, U.S. Department of Agriculture
Melinda Holliday McDonald, Associate Director, Office of Appeals Counsel, United States Merit Systems Protection Board
Chris Burton, Attorney-Advisor, Office of Appeals Counsel, United States Merit Systems Protection Board
Summary:
While promoters of the Civil Service Reform Act hoped that Chapter 43 would make actions against Federal employees for unacceptable performance easier and perhaps more common, many would say that the statute has not lived up to expectations. This presentation will start with a summary of MSPB and Federal Circuit precedent regarding performance-based actions, including the court’s recent decision in Santos v. NASA, 990 F.3d 1355 (Fed. Cir. 2021), followed by a discussion, with practical tips for litigating Chapter 43 actions before the MSPB from both the employee’s and agency’s perspectives.