Legal Opinion
Theodore Mercer v. Department of Health and Human Services
Court of Appeals for the Federal Circuit
Decided August 30, 1985No. Appeal 85-1008PublishedCited by 26 opinions
1Opinion of the Court
BISSELL, Circuit Judge.
Theodore Mercer appeals from the final order of the Merit Systems Protection Board (MSPB or Board), 24 M.S.P.R. 368, sustaining his removal from the position of a claims services clerk, GS-3, with the Department of Health and Human Services, Social Security Administration (agency). We reverse-in-part, vacate-in-part, and remand.
BACKGROUND
On November 20, 1981, the agency proposed to suspend Mercer for two reasons: sleeping at his desk and, on occasion, becoming loud and disruptive when his supervisor awakened him. One week later another incident occurred. On November 27,…
2Cases cited4 opinions
- Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
- Goldberg v. KellySupreme Court of the United States · 1970
- Cornelius v. NuttSupreme Court of the United States · 1985
- Charles A. Thomas v. General Services AdministrationCourt of Appeals for the Federal Circuit · 1985
3Cited by26 opinions
- Makky v. ChertoffCourt of Appeals for the Third Circuit · 2008
- Quentin R. Jones and Melvin McDaniel v. Department of the NavyCourt of Appeals for the Federal Circuit · 1992
- George Perez v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1991
- Otto Engdahl v. Department of the NavyCourt of Appeals for the Federal Circuit · 1990
- Kenneth D. Smith v. United States Postal ServiceCourt of Appeals for the Federal Circuit · 1986
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