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.

About AdminUN

FEDSMILL staff has over 40 years of federal sector labor relations experience on the union as well as management side of the table and even some time as a neutral.
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