Split Fed. Circ. Upholds Postal Worker's Firing For Pot Buy

By Sam Reisman (February 8, 2021, 9:45 PM EST) -- A split Federal Circuit panel on Monday upheld the firing of a U.S. Postal Service employee who was terminated for buying marijuana from a co-worker while on duty, even though five other employees fired for the same thing had their firings overturned upon appealing to an arbitrator.

In a 2-1 decision, the appellate panel found the U.S. Merit Systems Protection Board properly considered the evidence against McKenzie Holmes when it upheld the USPS's decision to fire him, writing that, unlike his cohorts, he had not taken responsibility for his actions.

"A difference in outcome resulting from adjudication by separate tribunals does...

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