Case Law Examples | “Failure to Maintain a Regular Work Schedule/Tardy”

Federal Circuit: USPS Breached Settlement Agreement with Former Employee

Excerpt: "A recent Federal Circuit decision held that the Agency breached a settlement agreement it made with its former employee.

The former employee, a USPS worker, was terminated for “Failure to Maintain a Regular Work Schedule/Tardy”. In fact, the Plaintiff suffered from Sleep Apnea, a disability that affected his breathing and sleeping and caused him to frequently arrive late for work.

In settlement of his removal appeal to the MSPB, the Postal Service agreed to provide 3 documents to help the former employee apply for disability retirement. However, they failed to provide the documents until well after that deadline had passed. (Under OPM regulations, an applicant for disability must file for retirement within one year of his separation from the government in order to be eligible.)...

Reference: www.pinesfederal.com