HOW TO APPEAL “LAST CHANCE AGREEMENT” (LCA) DISMISSALS
The Federal Circuit Court of Appeals just reminded us that while it is possible to challenge, appeal or arbitrate a dispute over whether a last chance agreement permitted the agency to terminate an employee without any opportunity to appeal, the employee must be able to show one of three things, i.e., that
- s/he complied with the LCA,
- the agency materially breached the LCA, or
- s/he did not enter into the LCA knowingly and voluntarily.
For details, check out Ross v. MSPB, No. 2021-2262 (Fed. Cir. Feb. 10, 2022) for an IRS Agent who failed to show any of those.