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· 3/3/2004

Gary K. Frey v. Department of Labor

Citations

  • 359 F.3d 1355
  • 2004 U.S. App. LEXIS 4054
  • 2004 WL 385105

How courts have described this case

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

  • finding that the evaluation of witness credibility is a matter within the administrative judge’s discretion and is “virtually unreviewable”
  • noting Board has discretion to make credibility Case: 24-1891 Document: 60 Page: 9 Filed: 06/15/2026 MCGOWAN v. OPM 9 determinations
  • applying same two-step framework to analysis of removal for failure to accept reassignment
  • “Our predecessor court consistently upheld the discretion of an agency to terminate an employee who refused a geographical reassignment.”
  • “Our predecessor court consistent- ly upheld the discretion of an agency to terminate an employee who refused a geographical reassignment.”
  • “Our predecessor court consistently upheld the discretion of an agency to terminate an employee who refused a geographical reassignment.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Michel, Clevenger, Schall

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.