Salahuddin v. Merit Systems Protection Board
690 F. App'x 668
Fed. Cir.2017Background
- Salahuddin was appointed as a Human Resources Assistant on March 23, 2015 with a one‑year probationary period.
- The Army terminated him on March 21, 2016 for “failure to demonstrate fitness for continued Federal employment.”
- Salahuddin appealed to the Merit Systems Protection Board (MSPB), claiming he had completed 365 days and thus was an employee entitled to appeal rights.
- An Administrative Judge dismissed the appeal for lack of jurisdiction because Salahuddin was still within his probationary period; the full Board affirmed.
- Salahuddin appealed to the Federal Circuit challenging the Board’s jurisdictional ruling about the one‑year period calculation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MSPB has jurisdiction because Salahuddin completed one year of service before termination | Salahuddin: completed 365 days by close of business on March 21, 2016, so he had one year and is entitled to appeal rights | Board: one‑year period ends the day before the anniversary of appointment (March 22, 2016), so he was still in probationary period | Court: Affirmed Board; the one‑year period ends the day before the anniversary date, so no jurisdiction |
| Whether prior MSPB decision (Tom) defines one year as 365 days for probationary purposes | Salahuddin: relies on Tom to argue one year = 365 days | Board: Tom did not establish a 365‑day rule for probationary periods; it addressed seasonal service for continuity analysis | Court: Tom is inapposite; it did not define the one‑year probationary period as 365 days |
Key Cases Cited
- Forest v. Merit Sys. Prot. Bd., 47 F.3d 409 (Fed. Cir.) (standard of review for jurisdictional questions)
- Bolton v. Merit Sys. Prot. Bd., 154 F.3d 1313 (Fed. Cir.) (deference to Board fact findings supported by substantial evidence)
- Pervez v. Dep’t of Navy, 193 F.3d 1371 (Fed. Cir.) (jurisdiction for adverse actions based on partisan or marital reasons)
- Hardy v. Merit Sys. Prot. Bd., 13 F.3d 1571 (Fed. Cir.) (one‑year probationary period ends the day before the appointment anniversary)