A LITTLE-KNOWN DEFENSE IN EMPLOYEE THEFT CASES
Although MSPB said they were just drawing on prior court of appeals decisions, it sure looks like a new defense to us. At a minimum, they added enormous clarity to an idea that was only between the lines in those court decisions. The employee, a DoD GS-14 Security Specialist, paid for his food at the agency cafeteria and then circled back into the buffet area where he added a couple of things to his lunch. Unfortunately, in a rush to adhere to his diabetic eating schedule, he failed to pay for the $5.00 worth of extras, and even more unfortunately for him the agency security cameras caught this heist in detail. When a manager spotted him making his way to his table to eat, the agency fuzz was called in, surrounded him, and forced a confession out of him. A few weeks later he was removed despite his 30-year unblemished career and the reality that the agency was tossing all that training, experience, and skill out the door over a one-time $5.00 debatable theft. It surprised us how he won his MSPB appeal given that the Board may be the last place on earth, under any White House administration, where common sense and compassion rule the day. Continue reading