Sayers v. Department of Veteran’s Affairs
MSPB Docket No. SF-0714-18-0067-I-1
Case No. 2018-2195
March 31, 2020
The petitioner was employed as Chief of Pharmacy Services for the Greater Los Angeles Health Care System when he was dismissed pursuant to 38 U.S.C. § 714, the Accountability and Whistleblower Protection Act. The actions that led to his dismissal took place before June 23, 2017, when Congress passed the law, so the dismissal was retroactive. The ALJ upheld his removal and stated that the MSPB did not have the ability to review removals. The Court of Appeals held that § 714 was not retroactive and that the MSPB had the ability to review removals for substantial evidence and accordance with law, but it cannot revise the choice of penalty unless it does not accord with the law.
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Attorney Angel did not represent the petitioner in this case, but he does represent petitioners in front of agencies and the MSPB.