February 26, 2018
Johnen was employed by the Army as an engineering technician when he was dismissed because his department was overstaffed. One year prior, Johnen had filed a complaint about an investigation that he had been the subject of and alleged that he had encountered nepotism. After his termination, Johnen complained that he had been fired for filing that complaint. The Administrative Law Judge found that the complaint did not contribute to his termination, and the Board affirmed the judgment. Johnen appealed to the Ninth Circuit, which affirmed the Board’s ruling, finding that the decisionmakers for the Army did not know about Johnen’s complaint, and therefore, the termination was not influenced by it.
Read the entire decision here.
Attorney Angel did not represent this plaintiff, but he does represent plaintiffs in front of the MSPB and the federal courts of appeals.