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MSPB Rules that the Existence of an Investigation into Allegations Cannot be the Sole Cause for a Federal Employee’s Indefinite Suspension

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On July 12, 2010, the Merit Systems Protection Board (MSPB) held in the case of Gonzalez v. DHS that the mere existence of a federal agency’s open investigation into allegations regarding a federal employee’s conduct cannot be the sole cause for that employee’s indefinite suspension.  The employee, Manuel Gonzalez, was suspended without pay indefinitely by the Department of Homeland Security (DHS) pending an investigation into allegations that he had committed domestic violence.  The MSPB further ordered DHS to cancel the indefinite suspension and pay Gonzalez back pay with interest.  Click here for the entire opinion.

The employment lawyers at The Employment Law Group® law firm have substantial experience representing federal employees before the MSPB.  To learn more about the firm’s Federal Employee Representation Practice.

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