#WEHATETOLOSE

On April 30, 2021, TVA sent a letter to Kaufman Monroe Law's client proposing his demotion from his position at TVA  for alleged violations of agency policy. Our client filed an appeal of the demotion with the Merit Systems Protection Board.  Although a hearing was held, the agency elected not to present witness testimony or other documents in support of its charge, instead relying on documents in its agency file, including a summary of an investigation conducted by the agency. The investigative summary did not include underlying documents such as sworn or unsworn witness statements or recordings, and it did not include the identity of any witnesses.

 In an initial decision, the Administrative Law Judge reversed the agency's action, finding that the TVA failed to meet its burden to prove the charges.  He ordered TVA  to retroactively restore the  Kaufman Monroe Law's client to his prior position effective June 21, 2021. Following  further litigation, the Administrative Law Judge affirmed the initial ruling and reinstated our client to his prior position  including back pay and benefits. Upon an Application by Marti Kaufman on behalf of her client, the Judge awarded her client  over $65,000.00 in attorney's fees and costs  in this matter. 

 Kaufman Monroe Law's client was very happy!