The Agency's Burden of Proof

Melville Johnson

April 6, 2020

The agency always carries the burden of proof in misconduct cases to the MSPB. As a result, the federal agency must prove the charge and establish a connection, or "nexus" between the charge and the efficiency of the service. The preponderance of the evidence standard is defined as “the degree of relevant evidence that a reasonable person, considering the record as a whole, would accept as sufficient to find that a contested fact is more likely to be true than untrue.”[1]

Substantial evidence is defined as the degree of relevant evidence that a reasonable person, considering the record as a whole, could accept as adequate to support a conclusion, regardless if other reasonable persons may disagree.[2] Here, the agency is not required to present evidence that is more persuasive than the evidence submitted by the appellant. [3]

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.

[1] 5 C.F.R. § 1201.4(q).

[2] 5 C.F.R. § 1201.4(p).

[3] Shuman v. Dep't of Treas., 23 M.S.P.R. 620, 624 (1984).

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