DE-1221-20-0280-W-5
MSPBMar 20, 2025Background
- Ryan W. Roberts, an employee of the Department of Veterans Affairs, filed an individual right of action appeal alleging that his termination was due to whistleblowing and other protected activities.
- The administrative judge initially granted in part Roberts’s request for corrective action, including ordering back pay, reinstatement, and record correction.
- The agency (Department of Veterans Affairs) filed a petition for review of the initial decision.
- Vice Chairman Kerner recused himself, leaving the Board without a quorum to alter the administrative judge’s ruling, so the initial decision became the final decision of the Merit Systems Protection Board (MSPB).
- The decision includes specific instructions for payment of back pay, reinstatement, and procedural steps for enforcement and appeals.
- The case triggered a mandatory referral to the Office of Special Counsel for further investigation of possible prohibited personnel practices.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to corrective action for whistleblowing | Roberts claims adverse action for whistleblowing | VA disputes basis for corrective action | Corrective action granted in part |
| Back pay and benefits | Roberts requests back pay and benefits | VA argues against full back pay | Ordered agency to calculate and pay back pay |
| Reinstatement to position | Roberts seeks reinstatement | VA contests reinstatement | Reinstatement ordered retroactively |
| Record correction | Roberts requests clean personnel file | VA may dispute necessity | Ordered removal of adverse detail references |
Key Cases Cited
- Kerr v. National Endowment for the Arts, 726 F.2d 730 (Fed. Cir. 1984) (clarifies remedies and relief available in personnel practice appeals)