Hi everyone, I’m looking for insight from anyone familiar with MSPB cases or federal employee removals.
My husband was a Supervisor (EAS-17) with USPS and had zero prior discipline. He was removed after a workplace incident involving a clerk.
Here’s the part I’m struggling with:
The agency’s own investigation (USPIS) documented that the other employee re-engaged multiple times and was in close proximity before any physical contact
The investigation also reflected that my husband did not instigate the situation
Despite that, he was removed
BUT:
The other employee (white male), involved in the same incident,
received a removal letter but was allowed to retire with full benefits instead of being removed
Same incident. Same decision-maker.
We appealed to MSPB, but the Administrative Judge still upheld the removal.
My questions:
Has anyone seen MSPB or Federal Circuit cases where:
Comparator evidence (same incident, different outcome) actually led to reversal or mitigation?
How much weight does MSPB/Federal Circuit typically give to:
Agency investigation findings that contradict the AJ’s conclusions?
Has anyone had success arguing:
Disparate treatment when one employee is removed and the other is allowed to retire?
If you went through something similar:
What was your outcome?
I’m just trying to understand how cases like this are viewed from others who’ve experienced it or work in federal HR/legal.
Thank you in advance 🙏
We’re currently pursuing both MSPB appeal and EEO (race discrimination), so any insight on how those overlap would also help.