Unfair release?


Q. A good friend of mine was recently fired/released from duty because he did not meet the stringent medical standards of the Pentagon Police Department. We fall under the Pentagon Force Protection Agency. He has failed several hearing tests over the past two years. His conversational hearing is fine, but he fails the low- or high-frequency portion of the rigid test. His own doctor has tested him and says he is perfectly fine for duty. But the agency did not accept the second opinion.

And one of his main concerns is that he was hired three years ago with the same hearing loss that he currently has. He is going through a lot of financial difficulty and personal trouble because of this situation. The agency has offered him a new administrative position but at a substantial pay reduction. Is he entitled to any compensation? Would hiring a lawyer be wise (although he can’t afford one right now)?

A. He could appeal his separation to the Merit Systems Protection Board. Although hiring an attorney to help him articulate his case might be helpful, it isn’t necessary. He can find out how to file an appeal by going to MSPB’s website at www.mspb.gov/appeals/appeals.htm.


About Author

Reg Jones was head of retirement and insurance policy at the Office of Personnel Management. Email your retirement-related questions to fedexperts@federaltimes.com.

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