APPLEBERRY v. DEPT. OF HOMELAND SEC.

No. 2014-3123.

793 F.3d 1291 (2015)

Cathy APPLEBERRY, Petitioner v. DEPARTMENT OF HOMELAND SECURITY, Respondent.

United States Court of Appeals, Federal Circuit.

July 8, 2015.


Attorney(s) appearing for the Case

David R. Schleicher , Schleicher Law Firm, PLLC, Waco, TX, argued for petitioner.

K. Elizabeth Witwer , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent. Also represented by Joyce R. Branda , Robert E. Kirschman, Jr. , Scott D. Austin.

Before MOORE, WALLACH, and TARANTO, Circuit Judges.


Cathy Appleberry worked for the U.S. Citizenship and Immigration Services, an agency within the Department of Homeland Security, and was covered by a collective bargaining agreement. Deeming her performance unsatisfactory, the agency placed her on a "performance improvement plan" and then found that she failed to improve...

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