Case Studies & Success Stories
every case is unique and requires a personalized strategy
If you’re a new client wondering what you should expect regarding type of care and diligence you will receive with The Law Office of Robert P. Erbe, our federal employment law success stories are here to offer you a guideline.
It’s important to note that while the nature of these cases may be similar, every case is unique and requires a personalized strategy that may result in varied outcomes. However, with Robert P. Erbe, you can rest assured that your case will be handled thoroughly and with the utmost dedication and precision.
It’s important to note that while the nature of these cases may be similar, every case is unique and requires a personalized strategy that may result in varied outcomes. However, with Robert P. Erbe, you can rest assured that your case will be handled thoroughly and with the utmost dedication and precision.
Our Case Studies
Bureau of Prison’s Senior Executive Service Employee Achieves Favorable Settlement of MSPB Removal
On November 21, 2022, an MSPB Administrative Judge approved a settlement involving the removal of a Department of Justice Bureau of Prison Warden who was removed from federal service after taking steps to protect his staff and prisoner’s from exposure to COVID. Mr. Erbe aggressively represented this member of the Senior Executive Service who was removed for a couple of charges, including lack of candor. Using his knowledge of MSPB case law, Mr. Erbe highlighted the weakness of the agency’s lack of candor charge which caused the agency to question its case and enter into a settlement.
MSPB Administrative Judge Reverses Removal After Successful Due Process Argument
On June 24, 2021, an MSPB Administrative Judge found that the Department of Homeland Security, U.S. Customs and Border Protection violated the appellant’s due process rights and ordered the Agency to cancel his removal action. In Gouveia v. Dep’t of Homeland Security, DE-0752-21-0151-I-1 (MSPB AJ 2021), the Agency removed a Border Patrol Agent for off-duty misconduct. In removing the employee, the deciding official relied upon a revised Table of Offenses and Penalties. Mr. Erbe spotted this due process violation and successfully convinced the administrative judge such violation warranted a reversal. The Agency was ordered to pay restore the employee to his former position, pay back pay as well as his attorney’s fees. This result was based in part on Mr. Erbe’s extensive knowledge of the Douglas factors, due process violations and MSPB Practice & Procedure.
Lead Forestry Technician for USDA Settles Whistleblower Protection Act Claim after Probationary Termination
On June 14, 2021, the MSPB approved a settlement of a Forest Service Firefighter who challenged his probationary period for protected disclosures under the Whistleblower Protection Act. Mr. Erbe guided the employee through the Office of Special Counsel complaint process and then, after the OSC did not accept the case, took the matter to the MSPB on an Individual Right of Action (IRA) appeal. The matter quickly settled as it was evident the agency would have had a difficult time showing by clear and convincing evidence they would have take the same action but for the protected disclosure.
DHS OIG Settles Suspension After Lack of Evidence that Deciding Official Considered Douglas Factors
In the fall of 2020, a Special Agent with the DHS Office of Inspector General received a one-page decision letter suspending the employee from duty for 30-days. Upon review of the decision letter, Mr. Erbe recognized that the decision letter failed to articulate a conscious consideration of the Douglas Factors. As a result, Mr. Erbe filed an MSPB appeal on behalf of the employee and waived the right to a hearing. This strategic move caught the agency flat footed and resulted in a reduction of the suspension to 10 calendar days.
MSPB AJ Reverses 30-Day Suspension for Unauthorized Possession of Government Property
On August 6, 2020, an MSPB Administrative Judge reversed the suspension of a Border Patrol Agent based on a charge of Unauthorized Possession of Government Property. Citing MSPB case law, Mr. Erbe persuaded the administrative judge that it was reasonable for the appellant to believe he could store the property at his residence absent supervisory authorization. The administrative judge found the agency failed to prove the possession was unauthorized because of appellant’s good faith belief. The MSPB administrative judge ordered the agency to cancel the suspension, restore the appellant to full pay and benefits and pay any attorney’s fees. The case was Munoz v. Dep’t of Homeland Security, DE-0752-20-0101-I-1 (MSPB AJ 2020).
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It can be difficult navigating the Douglas Factors for federal employees. The Law Office of Robert P. Erbe is here to provide clarity of the Douglas Factors and offer several strategies for effectively addressing them when faced with potential adverse action. Download your Free PDF Guide today!
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If you believe you have a federal employment case that requires the expert help of reputable federal employment law attorney, secure your experienced legal backing and protect your rights with Robert P. Erbe by contacting our firm today.
