Jennifer L. Keen v. Department of the Air Force
Background
- Keen was a GS-12 Security Specialist for the Air Force.
- On March 26, 2015, the deciding official removed Keen for abusive language, discrimination, and conduct unbecoming.
- Keen resigned on the same day she received notice, before removal could take effect.
- The initial judge dismissed Keen’s appeal for lack of jurisdiction over a resignation.
- Keen petitioned for review, arguing agency misinformation and bias, among other points.
- The Board upheld the dismissal, denying the petition for review and affirming the initial decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Keen’s resignation was involuntary and within MSPB jurisdiction. | Keen | Air Force | No; resignation presumed voluntary; no coercion proved. |
| Whether agency misinformation rendered Keen’s resignation involuntary. | Keen | Air Force | No; information insufficient to show reliance to detriment. |
| Whether Keen was subjected to double punishment for the same misconduct. | Keen | Air Force | No; not the same underlying facts; no double punishment. |
| Whether the administrative judge’s credibility determinations were flawed or biased. | Keen | Air Force | No; credibility findings based on demeanor credible; no bias established. |
Key Cases Cited
- Haebe v. Department of Justice, 288 F.3d 1288 (Fed. Cir. 2002) (deference to credibility findings in MSPB)
- Hillen v. Department of the Army, 35 M.S.P.R. 453 (1987) (framework for resolving credibility questions)
- Oliver v. Department of Transportation, 1 M.S.P.R. 382 (1980) (presumption of honesty and integrity of adjudicators)
- Ali v. Department of the Army, 50 M.S.P.R. 563 (1991) (bias must be extrajudicial in nature)
- Salazar v. Department of Army, 115 M.S.P.R. 296 (2010) (misinformation requires valid reliance analysis)
- Aldridge v. Department of Agriculture, 111 M.S.P.R. 670 (2009) (voluntary resignation presumption and involuntary coercion)
- Crosby v. U.S. Postal Service, 74 M.S.P.R. 98 (1997) (review of administrative judge’s findings)