Federal employee wins appeal of MSPB decision. Jocelyn Doyle was employed as a dental assistant within the Department of Veterans Affairs.
In December of 2016, Doyle reported concerns of improper handling of surgical equipment. The department, including the administration, became upset with Doyle. As a result, she was subjected to a hostile environment. Further, retaliatory complaints were filed against Doyle which lead to an investigation against her. The complaints were unfounded by the investigating agency. It appeared that the complaints were orchestrated in a retaliatory and manipulative manner. The agency recommended another, separate investigation into the actions of the dental clinic management. Doyle then filed an action with the Merit Systems Protection Board (MSPB). The administrative judge found that Doyle made protected disclosures under the Whistleblower Protection Act. However, the AJ further found that she had failed to establish that the actions taken were retaliatory. Doyle appeal the MSPB decision. The U.S. Court of Appeals for the Federal Circuit disagreed with the MSPB and reversed.
Jocelyn Lisa Doyle v. Dep’t of Veterans Affairs http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/19-2149.OPINION.5-14-2021_1777887.pdf
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