In Miller v. Dept. of the Interior, 2013 MSPB 27, Passman & Kaplan defeated the Department of the Interior (Agency) at the Merit Systems Protection Board (Board). The unanimous Board overturned the administrative judge’s decision, reversing the Agency’s removal of Ms. Miller. The Agency had removed Ms. Miller after her refusal to accept a management directed reassignment from Sitka, AK to a new position in Anchorage, AK. Ms. Miller had no performance issued in her Sitka post, and the Sitka position was not being abolished; the agency then had to advertise and fill both the Sitka and Anchorage slots after removing Ms. Miller. In reversing the AJ’s decision, the unanimous Board used the opportunity to overturn its prior caselaw, as a result simplifying the pleading standards and legal analysis used in cases involving removals for failure to accept a management directed reassignment. The Agency was ordered to retroactively reinstate Ms. Miller to her position in Sitka with back pay and possible attorneys’ fees and costs. Ms. Miller was represented by Passman & Kaplan Founding Principal Edward H. Passman.
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