June 11, 2018
Williams was a City Carrier Associate employed by the Postal Service when he was terminated. He appealed his termination to the MSPB, where the Board ruled that he could not appeal his termination because he was not an employee with appeal rights. In order to have appeal rights, employees must complete one year of continuous service. He had previously served as a Rural Carrier Associate for 22 months, but as City Carrier Associate, his appointment terms were limited to 360 calendar days, with a mandatory break in service of five days between appointments. He appealed to the district court and later, the Federal Court of Appeals, arguing that he retained appeal rights because his Rural Carrier appointment should count towards the one-year requirement, but the Court rejected that argument. The Court also rejected the argument that he retained his appeal rights because the Postal Service had not informed him that his appointment as a City Carrier would result in his loss of appeal rights, as Williams failed to prove that he would not have accepted his new position if he had known about the loss of appellate rights.
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.