Morrison v. Department of the Navy

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Morrison’s position as a New London Naval Submarine Base firefighter required a security clearance. The Navy revoked Morrison's clearance, citing concerns regarding his personal finances. Regional Fire Chief Cox signed a letter finalizing Morrison’s removal but it was not immediately formally issued. Instead, District Fire Chief Clapsadle, who was to deliver the letter, offered Morrison the option to retire preemptively. Morrison chose to retire, thinking his retirements benefits were at risk. In fact, Morrison would have received those benefits regardless of whether he retired or was terminated, 5 U.S.C. 8312-8315. After learning that his benefits were not at risk, Morrison appealed to the Merit Systems Protection Board, claiming that his retirement was involuntary. Based on Morrison’s allegations that an agency manager had told him he would lose his benefits if he were terminated, the Board held that an agency is required to provide employees with adequate information to make an informed retirement decision but that, if the Navy would have removed Morrison, he was not entitled to reinstatement or back pay. The Federal Circuit dismissed Morrison’s petition for lack of jurisdiction. The Board’s ruling was not a “final decision,” but required the Navy to decide whether and when Morrison would have been terminated if he had not retired. . View "Morrison v. Department of the Navy" on Justia Law