Federal employee fails to timely file. Former Internal Revenue Service (IRS) employee Angel Arceneaux petitioned the U.S. Court of Appeals for the Federal Circuit for review of an arbitrator’s decision to dismiss her case following removal from her job.
In February of 2017 Arceneaux was notified of a recommendation for her removal due to excessive absences. Arceneaux was offered voluntary resignation in order to avoid the removal. Arceneaux responded with a letter stating that she was forced to resign, but the IRS did not accept it and instead issued a notice of termination. The IRS argues that this notice was the final decision and started the 30-day clock to invoke arbitration. Arceneaux’s union representative requested an oral/written reply and evidence from the file under the 2016 National Agreement, but the IRS refused, contending that Arceneaux was a probationary employee and thus not entitled to protections under the agreement. In April the union invoked arbitration and the IRS objected, arguing that it was untimely because the February letter of termination started the 30-day clock. The arbitrator agreed, dismissing the case. The Court of Appeals for the Federal Circuit affirmed.
Angel L. Arceneaux v. Internal Revenue Service http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/19-2366.OPINION.7-29-2021_1811385.pdf
Attorney Kirk J. Angel represents federal employees in employment law claims. If you are a federal employee and need representation, set your free 15 minute consultation now right on our website. https://theangellawfirm.com/federal-employees