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Passman & Kaplan Gains Reinstatement of Fired Dept. of Army Employee; Employee Receives Full Back Pay and Benefits, Plus Compensatory Damages for Emotional Distress

In MSPB Case No. DA-0752-10-0133-I-2, Passman & Kaplan successfully settled this case for full relief, just as if the case had been decided by the judge. In this Merit Systems Protection Board (MSPB) appeal, P&K alleged that the Department of the Army fired the employee after she invoked her right to take leave under the Family and Medical Leave Act. After Passman & Kaplan conducted a pre-hearing deposition of the official who proposed the employee's termination, it became clear that the Department's actions were illegal and would not be sustained at trial. In agreeing to settle the case without further litigation, the Department of the Army agreed to cancel the removal action, reinstate the employee to a position at the same grade level, pay the employee all of her back pay and benefits, including any missed step-increases, pay $31,500 in compensatory damages, and reimburse the employee all of her attorney fees and litigation costs. The settlement agreement was accepted by the MSPB and entered into the Board's records for enforcement purposes. The employee was represented by P&K founding principal Joseph V. Kaplan. 

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