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What if you are removed from your federal position for “Medical Inability” against your will and your desires? Well, the agency must have some very good evidence to back up its case or you can head over to the MSPB (if you are not serving a probationary appointment) and appeal that removal to the Merit Systems Protection Board.

The case law lays out a clear standard that your employer must meet as evidenced by MSPB Case Law. In finding removal warranted based on employees’ unavailability for duty due to their incapacitation, the Board has relied on the absence of any foreseeable end to the unavailability. Edwards vs. DOT, 109 MSPR 579.

If you feel that you can do your job and the agency has not sent you to a Fitness for Duty exam that you have not passed I would reach out to a law firm like the Law Offices of Eric L. Pines, PLLC to discuss representation before the Merits System Protection Board.

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Eric L. Pines is a nationally recognized federal employment lawyer, mediator, and attorney business coach. He represents federal employees and acts as in-house counsel for over fifty thousand federal employees through his work as a federal employee labor union representative.

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