February 9, 2018
O’Farrell served 162 days as legal counsel for the U.S. Navy’s Naval Surface Warfare Center. The DOD was only required to give him 15 days of leave for service, and O’Farrell requested 22 more days under the theory that President Obama extended the state of emergency enacted on 9/11/2001, which was denied. O’Farrell complained to the MSPB that the DOD did not give him that military leave for active military service in violation of the Uniformed Services Employment and Reemployment Rights Act. The administrative judge denied O’Farrell’s claim, and the MSPB could not agree on the issue on appeal, so the administrative judge’s decision became final. The Court of Appeals concluded that O’Farrell’s interpretation was correct, and that he was entitled to additional leave, reversing the decision of the MSPB.
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.