A federal court of appeals recently ruled that when an agency gives an employee incorrect information
about certain legal rights, the agency cannot benefit from its error.
Mr. Vann was fired from his job with the Postal Service. Because Mr. Vann was a disabled veteran, he
was “preference eligible” and entitled to MSPB appeal rights. The Postal Service, however,
erroneously told Mr. Vann that he had no MSPB appeal rights. For more than two years, Mr. Vann relied
on the Postal Service’s legal interpretation and advice. Finally, Mr. Vann appealed, more than two
years late.
The Federal Circuit found that Mr. Vann’s 31-month delay in filing was “excessive”. However, the
court ruled that the untimely filing was overshadowed by the agency’s failure to give accurate
information and its incorrect insistence that Mr. Vann could not file an appeal. “We cannot agree
with the board that a reasonable person would ignore the legal pronouncement by the agency and persist
in an appeal the agency had adamantly claimed was unavailable.” Because of the Postal Service’s
“affirmative misrepresentation,” the court excused Mr. Vann’s excessive delay in filing. The court
also stressed that any resulting prejudice to the agency was irrelevant because the agency’s prejudice
“is self inflicted.