A Failure to Maintain a Condition of Employment

Melville Johnson

April 2, 2020

To issue a charge of a Failure to Maintain a Condition of Employment

The employee occupied a job requiring the certificate/license/status
The employee failed to obtain or lost the certificate/license/status
The agency controls granting this certificate/license/status, the agency decision was made in accordance with agency procedures.

In addition to these conditions, the MSPB states the charge of failure to meet a condition of employment contains two additional elements:

The requirement at issue is a condition of employment
The appellant failed to meet that condition.

It is also important to remember that, “in the absence of evidence of bad faith or patent unfairness, the MSPB defers to the agency’s requirements that must be fulfilled for an individual to qualify for appointment to, or retention in, a particular position.” [1]‍

It is very important to review the Federal Agency’s employment policy to be sure that you maintain the appropriate qualifications that may be conditional for employment with the agency.

The federal employee attorneys at Melville Johnson, P.C. are highly experienced in MSPB matters such as these, and are willing and able to assist you in your federal employment legal matters. Call or message us today to discuss your situation and learn how we can assist you.

[1] Gallegos v.Department of the Air Force, 114 FMSR 185 (2014).

This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.

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(404) 724 - 0000

115 West Peachtree Pl. N.W. Unit 1
Atlanta, Georgia 30313