Yunus v. Department of Veterans Affairs
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In Brief
The United States Court of Appeals for the Federal Circuit held that in assessing an agency’s assertion that it would have removed an employee regardless of their protected conduct, the Merit Systems Protection Board must assess the evidence as it stood at the time of the removal action.
What Happened in Court
The United States Court of Appeals for the Federal Circuit held that in assessing an agency’s assertion that it would have removed an employee regardless of their protected conduct, the Merit Systems Protection Board must assess the evidence as it stood at the time of the removal action. Later developments cannot used to support or undermine the agency’s actions or decisions.
