Cunningham v. United States

CHEN, Circuit Judge.

Eric Cunningham filed a petition with the Merit Systems Protection Board (“MSPB”) to enforce a settlement agreement he entered into with the United States Office of Personnel Management (“OPM”), his former employer. Mr. Cunningham alleged that OPM disclosed details about him to another employer and thereby violated a confidentiality provision in that agreement. The MSPB found that OPM breached the agreement and offered Mr. Cunningham the only remedies its jurisdiction permitted: rescission and reinstatement. When Mr. Cunningham de- dined to pursue those remedies, the MSPB…