Nationwide M.S.P.B. Attorney
Nualart v. Department of Homeland Security, Docket No. DC-0752-23-0084-I-1 (2024)
Prevailed on an MSPB decision mitigating a termination to a twenty one day suspension and reversed a lack of candor charge.
Mount V. Department of Homeland Security, United States Court of Appeals For the First Circuit, 18-1762
This was an Appeal filed under the All Circuit Review Extension Act in the First Circuit Court of Appeals, Boston, Massachusetts. The MSPB Administrative Judge dismissed Mr. Jason Mount’s perceived whistleblower claim, contending that his OSC complaint failed to specify the term, “perceived whistleblower.” The Court made new law holding, ” [f]or the first time in this Circuit, we hold that the WPA only requires that complainant include sufficient factual basis to enable the agency to investigate.” This holding effectively holds MSPB Administrative Judges to a much higher standard in dismissing whistleblower cases. Case picked up by Law Justia: https://law.justia.com/cases/federal/appellate-courts/ca1/18-1762/18-1762-2019-08-29.html
Taylor Johnson v. Department of Homeland Security, MSPB No: SF-1221-16-0004-W-2
We represented a national whistleblower, Taylor Johnson, who testified before the United States Senate Committee on Homeland Security & Government Affairs and before the MSPB. The case made national headlines and settled confidentially after a hard-fought litigation.
Morris E. Fischer, Esq., Prevails Over the United States Postal Service in M.S.P.B. Case at the Federal Circuit Court of Appeals
Texeria v. United States Postal Service, 2008 U.S. App LEXIS 4335 (Fed Cir. Feb 28, 2008)
Morris E. Fischer, Esq. successfully appealed to the United States Court of Appeals, Federal Circuit, against the United States Postal Service in an M.S.P.B. decision which struck down a disciplinary decision against a U.S. Postal Service employee that had stripped her of management responsibility and demoted her to a part-time, entry level clerical position. The Court found that under the factors enumerated in Douglas v. Veterans Admin., 5 M.S.P.R. 280 (1981), this discipline far exceeded the only proven charge of Failure to Follow Proper Timekeeping Procedures. The firm would like to thank Ms. Judy Texeira, our client, of Modesto, California for entrusting and retaining our office for this appeal. Morris E. Fischer, Esq., drafted the appeal documents and orally argued the case at the Federal Circuit Court of Appeals. To read the decision, click here
Melkus v. Department of Health and Human Services, MSPB Denver Field Office, Case No: DE-0752-10-0160-I-1
Tommy Melkus, a resident of Billings Montana was wrongfully terminated by the Department of Health and Human Services when he answered a directive from Secretary Head, Kathleen Sebelius, asking for suggestions to improve the agency. Mr. Melkus suggested that the department abandon its policy of Native American hiring preference. Mr. Melkus’ comments were sharp and to the point and meant no long term racial animus in his comments. Mr. Melkus had a long standing history of tolerance for Native Americans, as he had been married to a Native American for a number of years and has two children that are Native Americans. The agency however claimed that Mr. Melkus could not carry out the agency’s mission of racial tolerance.
The case represented a severe over reaction by the Health and Human Services agency which infringed upon Mr. Melkus’ rights to free speech. He threatened no one and didn’t place a single Native American or any other employee in any form of hostility. After the agency continually denied any wrong doing in terminating Mr. Melkus, on the day of hearing, at the EEOC building in Billings, Montana, the agency reached a confidential settlement agreement with Mr. Melkus and his attorney, Morris E. Fischer, Esq.
Our firm feels privileged to have represented Mr. Melkus on this case. Free speech is the cornerstone of liberty. For a federal employee to be terminated because of it, shuts down all logical and intelligent debate which may be necessary to move our nation forward. We are very grateful for Mr. Melkus for entrusting this matter with our law firm and for his wonderful accolades on our testimonial page.
Morris E. Fischer secure reinstatement of wrongfully terminated federal employee” And below where the green line is ” Nicole Nualart v Department of Homeland Security, Merit Systems Protection Board (“MSPB”) No: DC-0752-23-0084-I-2 (2024)
Prevailed on an MSPB decision mitigating a termination to a twenty one day suspension and reversed a lack of candor charge.
Our office handles M.S.P.B. cases anywhere in the United States.
CLICK HERE if:
- You are a Federal Employee Unfairly Suspended
- You Have Been Unjustly Terminated
- You Received an Undeserved Letter of Reprimand
CLICK HERE if:
- You Blew the Whistle on your Supervisor
- You Reported Fraud or Abuse
- Your Unfairly Treated Because of your Lawful Actions
The U.S. Merit Systems Protection Board is an independent, quasi-judicial agency in the Executive branch that serves as the guardian of Federal merit systems. It is responsible for adjudicating employee appeals of:
- personnel actions over which the Board has jurisdiction, such as removals, suspensions, furloughs, and demotions;
- administrative decisions affecting an individual’s rights or benefits under the Civil Service Retirement System or the Federal Employees’ Retirement System;
- complaints filed under the Whistleblower Protection Act, the Uniformed Services Employment and Reemployment Rights Act, and the Veterans Employment Opportunities Act;
- cases brought by the Special Counsel, principally complaints of prohibited personnel practices and Hatch Act violations;
- requests to review regulations of the Office of Personnel Management that are alleged to require or result in the commission of a prohibited personnel practice-or reviewing such regulations on the Board’s own motion;
- ordering compliance with final Board orders where appropriate; and
- conducting studies of the Federal civil service and other merit systems in the Executive Branch to determine whether they are free from prohibited personnel practices.
Our office handles M.S.P.B. cases anywhere in the United States.