In a recent ruling, the U.S. Court of Appeals for the Federal Circuit affirmed the dismissal of RaShawn Ciers' appeal against the Merit Systems Protection Board (MSPB). This decision impacts Ciers, who sought to challenge his termination from the U.S. Postal Service (USPS) due to alleged misrepresentation of his work status. The court's ruling clarifies the jurisdictional limits of the MSPB regarding employee restoration rights.

The case, titled Ciers v. MSPB, was filed under docket number 26-1767 on November 10, 2026. The court's opinion, issued without a specified judge, upheld the MSPB's earlier decision that dismissed Ciers' appeal for lack of jurisdiction.

Background

RaShawn Ciers began his employment with the USPS in 2000 as a mail processing clerk. In 2001, he suffered a back injury and subsequently filed a claim for workers’ compensation benefits. Despite his injury, Ciers continued to work for USPS for several years, classified as totally disabled or as a limited-duty employee.

In 2007, the USPS Office of Inspector General initiated an investigation into Ciers’ claims regarding his physical condition and work status. The investigation revealed that he had claimed total disability while simultaneously working full-time in the private sector. Consequently, in 2009, the USPS issued a notice of removal against Ciers for failing to report his earned income and for misrepresenting his physical condition. An arbitrator upheld this removal, and Ciers' final notice of removal was issued in August 2010.

Following his dismissal, Ciers filed a formal complaint of discrimination, which was resolved in favor of USPS in February 2012. In May 2011, a USPS official indicated that Ciers would be restored to employment as a call center agent based on new documentation regarding his physical restrictions. However, the processing of this new employment was halted after inquiries about Ciers' previous removal.

The Ruling

Ciers filed an appeal with the MSPB in March 2024, but the administrative judge dismissed his case in January 2025, stating that Ciers' removal was for cause unrelated to his injury. The judge noted that Ciers had been removed due to his failure to report income and misrepresentation, not because of a compensable injury. The MSPB later upheld this decision in April 2026, affirming the initial ruling.

The court ruled, “Mr. Ciers is not an employee entitled to restoration rights,” emphasizing that his removal was for cause unrelated to his compensable injury. The court also noted that Ciers had not disputed the reasons for his removal and failed to establish a jurisdictional basis for his appeal.

Impact

This ruling has significant implications for federal employees seeking restoration rights after termination. It clarifies that employees removed for cause unrelated to a compensable injury cannot appeal to the MSPB for restoration. This decision reinforces the boundaries of the MSPB's jurisdiction and sets a precedent for similar cases involving employee terminations.

Going forward, federal employees who face removal for reasons unrelated to their injuries must understand that they may not have the right to appeal for restoration under the MSPB. This ruling could deter similar appeals from employees in comparable situations, as the court's decision emphasizes the importance of the reasons behind an employee's termination.

What's Next

Details were not available in the court filing regarding whether Ciers plans to appeal this decision further. There is no mention of any related cases pending that could impact this ruling.