Federal employee loses MSPB appeal. Petitioner was employed by the Department of the Army. She filed an appeal to the Merit Systems Protection Board (MSPB).In the appeal Petitioner alleged that she was retaliated against after she made legally protected disclosures. The MSPB AJ concluded that the adverse actions alleged by Petitioner were based on the Agency’s determination of matters of national security. As such, the MSPB did not have jurisdiction over her claims. The AJ dismissed for lack of jurisdiction. Petitioner then failed to file a timely appeal to the full Board for review. Thereafter, she appealed to the Court of Appeals for the Federal Circuit which affirmed.
Knapp v. Merit Systems Protection Board https://law.justia.com/cases/federal/appellate-courts/cafc/20-2122/20-2122-2021-11-17.html
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