February 26, 2018
Duggan worked at the Defense Contract Audit Agency when he was suspended for ten days for disrespectful and disruptive conduct. He was also rated “minimally successful” for communication skills in his annual performance audit. He then appealed his suspension, alleging that protected disclosures contributed to his suspension. The agency proved to the administrative law judge that it would have taken the same actions without the disclosures, and the appellate Board affirmed that ruling. Duggan appealed to the Ninth Circuit Court of Appeals, which found that substantial evidence supported the Board’s determination that the personnel actions were not retaliative, and the administrative judge did not abuse his discretion in limiting evidence in discovery during the initial phase of the dispute.
Read the entire decision here.
Attorney Angel did not represent this plaintiff, but he does represent plaintiffs in front of the MSPB and the federal courts of appeals.