The Merit Systems Protection Board recently remanded an

appeal to determine whether the U.S. Postal Service committed

harmful error when it removed an employee without holding a

hearing. After the worker was charged with first-degree

murder in connection with a nightclub shooting, USPS

suspended him and later removed him after he was convicted

at trial of reckless endangerment in connection with the

shooting. After both the suspension and the removal, USPS

issued decision notices and informed the employee that he

could file a grievance, but failed to issue a proposal

notice. The employee appealed both the suspension and the

removal arguing that his due process rights had been violated.

MSPB found the agency’s actions in suspending and removing

the man did not violate his minimum due process rights

noting the agency held an investigative interview, issued

decision notices describing charge and explaining the

evidence, and allowed the employee an opportunity to tell

his side of the story by filing a grievance. However,

because the agency was required to issue both a decision

notice and a proposal notice the board found that the USPS

committed an error. MSPB therefore remanded the case to the

agency to determine whether that error was harmful enough

to warrant changing the agency’s decision. Get Full Text