The United States Court of Appeals for the Federal Circuit denied a National Institute of Health (NIH) scientist’s petition for a rehearing en banc. Circuit judges Newman and O’Malley dissented.
Dr. Allen Braun petitioned for an en banc review of the Merit Systems Protection Board’s (MSPB) holding that the NIH does not need to comply with its’ own procedures for tenured employees. The NIH terminated Dr. Braun from his tenured position without following designated procedures, despite Dr. Braun’s protest. The MSPB held that it would not consider NIH’s non-compliance and the court affirmed.
Allen R. Braun v. Dep’t of Health and Human Services, http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/19-1949.ORDER.6-4-2021_1786492.pdf
Contact federal employee attorney Kirk J. Angel today if you need help with an MSPB claim or hearing. You can schedule a consultation right on his website at a time that work for you. Find out more about your rights as a federal employee. https://theangellawfirm.com/federal-employees