MSPB OVERTURNS SUSPENSION IN PASSMAN & KAPLAN CASE

In its January 21, 2016, decision in Martin v. U.S. Postal Service, 2016 MSPB 6, the Merit Systems Protection Board (MSPB) overturned the suspension of Ms. Martin. Ms. Martin had retired as part of a settlement agreement of an EEO complaint which was designed to enhance Ms. Martin’s retirement annuity. The settlement agreement became void when the Office of Personnel Management denied the annuity enhancement, and so Ms. Martin sought reinstatement. The Agency instead unilaterally placed Ms. Martin on involuntary retroactive leave without pay (LWOP) status. The MSPB found that Ms. Martin’s placement on LWOP constituted a suspension, which was legally defective because the Agency had failed to give Ms. Martin her pre-suspension due process rights. The MSPB ordered the Agency to retroactively reinstate Ms. Martin to full duty status for the entire retirement/LWOP period, and remanded the case for a hearing on Ms. Martin’s discrimination claims. Ms. Martin was represented by P&K Founding Principal Joseph V. Kaplan.