George W. Thomas, Jr. v. Department of Housing and Urban Development

PLAGER, Circuit Judge.

This ease pits a government agency against an ostensibly undesirable employee who complains that the agency, having promised not to tell future employers about the employee’s performance, broke its promise. The employee, who had agreed to resign in exchange for the agency’s promise, wants to renege on his agreement. When the agency refused to let him, he took his case to the Merit Systems Protection Board (“Board”). The Board held that, despite the agency’s having broken its promise, the agency could hold the employee to the agreement. The Board is wrong; we reverse and…