Lentz v. Merit Systems Protection Board

Lentz entered federal service in 2002. He had no disciplinary record until May 2014, when his supervisor issued a reprimand based on his authorization of grazing on public lands, without prior approval. In November, Lentz’s supervisor proposed a 14-day suspension, citing his management of interns, behavior toward supervisors, and interaction with outsiders. Lentz then went on medical leave. The proposed suspension was sustained, to commence on February 15, 2015. Lentz resigned on February 13, citing harassment and a hostile work environment that aggravated an illness and his veterans disability. He claimed to have filed complaints under the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. 4301–4335, and that the reprimands were retaliatory. Before the Merit Systems Protection Board (MSPB), Lentz asserted constructive discharge, discrimination on the basis of his status as a disabled veteran, and retaliation for filing a complaint. The Administrative Judge dismissed the involuntary resignation claim under 5 U.S.C. 75, and held that Lentz was collaterally estopped from raising in the USERRA proceeding the evidence and issues assigned to the involuntary resignation proceeding. The AJ later dismissed the discrimination charges, stating that Lentz failed to make non-frivolous allegations that a reasonable person would have felt compelled to resign due to discrimination or reprisal. The Board affirmed. The Federal Circuit vacated, finding that the dismissal was based on incorrect evidentiary procedures including the inappropriate application of collateral estoppel, and remanded the issue of constructive discharge. View "Lentz v. Merit Systems Protection Board" on Justia Law