Younies v. Merit Systems Protection Board

PROST, Circuit Judge.

Ahmed M. Younies, a former employee of the U.S. Department of Labor, appeals the decision of the Merit Systems Protection Board (“MSPB”). The MSPB determined that it lacked subject matter jurisdiction over Mr. Younies’s appeal because the Department of Labor did not rely on pre-probationary reasons in terminating his employment. Because substantial evidence supports the MSPB’s determination, we affirm the MSPB’s dismissal of Mr. Younies’s appeal for lack of jurisdiction.

Background

On October 15, 2009, Mr. Younies applied for a position as a Supervisory Equal [Employment]…