Jennings v. SSA, 2016

  • Organization: MERIT SYSTEMS PROTECTION BOARD
  • Document Type: Case law/admin decisions
  • Date Created: Monday, December 05, 2016
  • Submitted: Monday, December 05, 2016
  • Attachment(s): PDF

BEFORE
Susan Tsui Grundmann, Chairman Mark A. Robbins, Member

OPINION AND ORDER
The appellant has filed a petition for review, and the agency has filed a cross petition for review of the initial decision, which ordered corrective action in this appeal filed under the Uniformed Services Employment and Reemployment Rights Act of 1994 (codified as amended at 38 U.S.C. §§ 4301-4335) (USERRA).  For the reasons discussed below, we GRANT the petition for review, FIND that we need not address the cross petition for review at this time, AFFIRM the initial decision’s finding that res judicata precludes consideration of the appellant’s claim that he should be reemployed and reinstated as an administrative law judge, VACATE the remainder of the initial decision, and REMAND this case to the administrative law judge for further adjudication in accordance with this Order.


For the reasons discussed above, we vacate the initial decision except as to the findings regarding res judicata and remand this case to the administrative law judge for further adjudication in accordance with this Opinion and Order.

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