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Federal employee files claim too late with the MSPB. Neil Sleevi petitioned the U.S. Court of Appeals for the Federal Circuit for review of a decision by the Merit Systems Protection Board (MSPB) dismissing his claim against the Department of Homeland Security (DHS).

Sleevi claimed that DHS violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) by rescinding its offer of employment in 2007. In 2008 Sleevi filed a complaint with the Department of Labor (DOL) alleging a USERRA violation because of his military obligations. The DOL determined that a violation had not occurred and recommended any appeals be filed as quickly as possible. Sleevi waited almost 13 years to do so. DHS filed a motion to dismiss based on the doctrine of latches, arguing that Sleevi’s delay unfairly prejudiced their ability to respond to his claim. The MSPB agreed, dismissing the case. The Court affirmed.

Neil F. Sleevi v. Merit Systems Protection Board http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/21-1447.OPINION.7-9-2021_1801927.pdf

Kirk J. Angel regularly represents federal employees in claims before the MSPB. He knows how important it is to quickly assert your MSPB rights. If you have a claim pending before the MSPB, set your free 15 minute consultation with attorney Angel today. It is quick and easy, right on his website. https://theangellawfirm.com/federal-employees