The Merit Systems Protection Board is not the only forum to challenge OPM’s breach of its settlement agreement with a fired employee. He now gets his day in the claims court to seek monetary damages according to the appeals court.
A former Air Force employee signed a settlement agreement that gave him a clean record and a cool $25,000 in cash to wipe out his removal appeal. He took the agreement and the cash then took his case to court arguing the agreement had been coerced and he should not have been fired. His arguments did not generate any sympathy with the court.
An applicant for a federal job with the Bureau of Prisons (BOP) had been barred from federal employment because of a negative suitability determination by OPM. She appealed the disbarment to MSPB and signed a settlement agreement. When she did not get selected by BOP she filed a petition to get the MSPB to enforce the settlement agreement. She lost there and then went to federal court where the court agreed that she was trying to add provisions into the settlement agreement that OPM had not been willing to previously accept.
Is an oral agreement to settle a case sufficient or does it have to be signed by all parties? A recent court decision provides the answer.