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· 6/5/1997

David POPE, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent

Citations

  • 114 F.3d 1144
  • 1997 U.S. App. LEXIS 13153
  • 71 Empl. Prac. Dec. (CCH) 44,842
  • 74 Fair Empl. Prac. Cas. (BNA) 90
  • 1997 WL 304346

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that due process requires that charges be sufficiently detailed to al low the employee to make an informed reply
  • explaining that this court will not disturb the Case: 20-2241 Document: 27 Page: 8 Filed: 03/04/2021 8 LALLISS v. DVA board’s credibility determinations unless they are “inher- ently improbable or discredited by undisputed fact”
  • relying, in part, on 5 U.S.C. 7513(a) (restricting agencies to taking actions “only for such cause as will promote the efficiency of the service”)
  • explaining that, to support an adverse action, the agency must prove three things: that the charged conduct occurred, that there is a nexus between the conduct and the efficiency of the service, and that the penalty imposed is reasonable
  • denying challenge to sufficiency of notice where appellant claims he was not provided “dates, times, and places”
  • “As an appellate court, we are not in [a] position to re-evaluate these credibility determinations, which are not inherently improbable or discredited by undisputed fact.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Rich, Mayer, Clevenger

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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