Legal Opinion
Banks v. Merit Systems Protection Board
Court of Appeals for the Federal Circuit
Decided April 18, 2017No. 2017-1242PublishedCited by 4 opinions
1Opinion of the Court
DYK, Circuit Judge.
Phyllis E. Banks petitions for review of a decision by the Merit Systems Protection Board (“Board”) dismissing her appeal for lack of jurisdiction. We affirm.
Background
Banks was hired by the Department of Veterans Affairs (“VA”) on July 26, 2015, as a Medical Support Assistant. Her appointment was in the excepted service and was subject to a one-year probationary period. On March 2, 2016, within the one-year period, the VA notified Banks that the agency planned to terminate her due to performance issues. Rather than wait for the agency to terminate her, Banks chose to…
2Cases cited11 opinions
- Radlax Gateway Hotel, LLC v. Amalgamated BankSupreme Court of the United States · 2012
- Garcia v. Department of Homeland SecurityCourt of Appeals for the Federal Circuit · 2006
- 55 Fair empl.prac.cas. 1675, 57 Empl. Prac. Dec. P 40,952 Julio M. Cruz v. Department of the NavyCourt of Appeals for the Federal Circuit · 1991
- United States Postal Service v. Flamingo Industries (USA) Ltd.Supreme Court of the United States · 2004
- Donald B. Ellison v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1993
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3Cited by4 opinions
- Dyer v. Air ForceCourt of Appeals for the Federal Circuit · 2020
- Pellegrino v. U.S. Transp. SEC. Admin.Court of Appeals for the Third Circuit · 2018
- Pellegrino v. U.S. Transp. SEC. Admin.Court of Appeals for the Third Circuit · 2018
- Schow v. United StatesUnited States Court of Federal Claims · 2025