Richard Erickson v. United States Postal Service
AT-3443-07-0016-X-1
MSPBMar 20, 2025Background
- Richard Erickson, a USPS employee and member of the Army National Guard, was removed from his USPS position in 2000 for absences related to military service.
- After serving on active duty until 2005, Erickson challenged his removal, arguing it violated the Uniformed Services Employment and Reemployment Rights Act (USERRA).
- Following multiple remands from the Federal Circuit, the MSPB ordered USPS to retroactively reinstate Erickson, pay back wages/benefits, and provide an accurate accounting.
- In later compliance proceedings, the MSPB found USPS in partial noncompliance, mainly regarding back pay, leave restoration, and TSP contributions.
- USPS undertook further calculations and additional payments, after which the Board found it had satisfied all outstanding compliance requirements.
Issues
| Issue | Erickson's Argument | USPS Argument | Held |
|---|---|---|---|
| Proper calculation/amount of back pay | USPS undercalculated back pay; challenged offsets and calculations | Erickson either earned more in military or failed to document losses | Agency recalculated, paid correct amount; compliant |
| Offset of military allowances (BAS/BAH) | BAS/BAH/Combat pay incorrectly reduced USPS back pay owed | Initially offset, but later recalculated excluding these amounts | USPS complied with no improper offsets |
| Restoration of sick and annual leave | Disagreed with agency’s restored leave calculations | Recalculated and restored more than required | USPS exceeded its obligations |
| TSP account restoration | Contribution election wasn't properly applied | Used last valid election; couldn't implement new request | USPS followed the correct procedure |
Key Cases Cited
- Erickson v. U.S. Postal Service, 636 F.3d 1353 (Fed. Cir. 2011) (USPS violated USERRA by firing Erickson based on military leave)
- Erickson v. U.S. Postal Service, 571 F.3d 1364 (Fed. Cir. 2009) (clarified USERRA protections for federal employees)
- Vaughan v. Department of Agriculture, 116 M.S.P.R. 319 (2011) (remedy is to restore appellant to position absent unwarranted action)
- King v. Department of the Navy, 100 M.S.P.R. 116 (2005) (agency must prove compliance by preponderance of evidence)