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SAYERS v. DEPT. OF VETERANS AFFAIRS

2018-2195.

954 F.3d 1370 (2020)

Jeffrey F. SAYERS, Petitioner v. DEPARTMENT OF VETERANS AFFAIRS, Respondent.

United States Court of Appeals, Federal Circuit.

Decided: March 31, 2020.

Attorney(s) appearing for the Case

David L. Scher , Hoyer Law Group, PLLC, Tampa, FL, argued for petitioner. Also represented by Natalie Khawam , Whistleblower Law Firm, PA, Tampa, FL.

Brinton Lucas , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued for respondent. Also represented by Elizabeth Marie Hosford , Joseph H. Hunt , Robert Edward Kirschman, Jr. , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC.

Rushab Sanghvi , Office of General Counsel, American Federation of Government Employees, Washington, DC, argued for amicus curiae American Federation of Government Employees, AFL-CIO.

Before Prost, Chief Judge, Wallach and Hughes, Circuit Judges.

In 2017, Congress enacted the Department of Veterans Affairs Accountability and Whistleblower Protection Act, which gave the Department of Veterans Affairs a new, streamlined authority for disciplining employees for misconduct or poor performance, and placed certain limitations on the review of those actions by the Merit Systems...

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