Employment Law Firm Wins Reinstatement of Federal Employee for Disproportionate Discipline

On April 20, 2012, in Doe v. Small Business Administration, MSPB Case No. DE-0752-11-0319-I-2, Benezra & Culver prevailed before the Merit Systems Protection Board (“MSPB”) on a claim of disproportionate discipline of a longtime federal employee.

Our client was a 23-year employee of the Small Business Administration (“SBA”) with an unparalleled record of achievement, including receipt of the SBA’s highest award for its thousands of field employees, selection for a prestigious federal leadership training program called the Annenberg Leadership Institute, and many unpaid overtime hours volunteering to assist with the Agency’s response to Hurricane Katrina.  He was terminated for misuse of a government computer after an internal investigation revealed misuse by dozens of employees.

In a three-day hearing before MSPB Administrative Law Judge Stephen Mish in November 2011, Benezra & Culver proved that the Agency had misapplied the factors which federal agencies must consider when disciplining their employees.  On de novo review, Judge Mish determined that termination was an excessive penalty considering our client’s exemplary record of service with the SBA, mitigated the penalty to a 60-day suspension and one-grade demotion, and ordered that the SBA reinstate our client and repay him for lost wages and benefits pending reinstatement.

About Benezra & Culver

Benezra & Culver, P.C. is an A/V rated Colorado law firm recognized in 2006 in the Bar Register of Preeminent Lawyers by LexisNexis Martindale-Hubbell. The firm's practice emphasizes all areas of employment law, litigation and counseling for employees and employers. Among the substantive areas of specialization are the Civil Rights Act of 1964, as amended ("Title VII"), the Age Discrimination in Employment Act ("ADEA"), the Employee Retirement Income Security Act ("ERISA"), the Civil Rights Act of 1866 ("Section 1981"), the Civil Rights Act of 1872 ("Section 1983"), the Fair Labor Standards Act ("FLSA"), the False Claims Act ("FCA"), the Occupational Health and Safety Act ("OSHA"), the Workers Adjustment and Retraining Act ("WARN"), the Employee Polygraph Act ("EPA") and judicially created wrongful discharge claims. In addition the firm provides representation to state and federal employees before state agencies and before the Merit Systems Protection Board. The firm is a full service litigation firm, including trial and appellate representation. Benezra & Culver also handles criminal cases in federal and state court at the trial and appellate levels.
Posted in Employment Law, Representative Cases