C.F.R. » Title 5 » CHAPTER II—MERIT SYSTEMS PROTECTION BOARD › SUBCHAPTER A—ORGANIZATION AND PROCEDURES › PART 1208—PRACTICES AND PROCEDURES FOR APPEALS UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT AND THE VETERANS EMPLOYMENT OPPORTUNITIES ACT › Subpart C—VEOA Appeals

5 C.F.R. § 1208.25

Remedies

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Order for compliance. If the Board determines that a Federal agency has violated the appellant's VEOA rights, the decision of the Board (either an initial decision of a judge under 5 CFR 1201.111 or a final Board decision under 5 CFR 1201.117) will order the agency to comply with the statute or regulation violated and to compensate the appellant for any loss of wages or benefits suffered by the appellant because of the violation. If the Board determines that the violation was willful, it will order the agency to pay the appellant an amount equal to back pay as liquidated damages.

(b) Attorney fees and expenses. If the Board issues a decision ordering compliance under paragraph (a) of this section, the Board will order payment of reasonable attorney fees, expert witness fees, and other litigation expenses. The provisions of subpart H of part 1201 shall govern any proceeding for attorney fees and expenses.

Notes of Decisions
Cited in 10 cases (5 in the last 5 years), 2004–2023 · leading case: Marshall v. Dep't of Health & Human Servs., 587 F.3d 1310 (Fed. Cir. 2009).
Sort: Relevance Newest Treatment
Marshall v. Dep't of Health & Human Servs., 587 F.3d 1310 (Fed. Cir. 2009). · cites it 2× “§ 3330c; 5 C.F.R. § 1208.25 ; Dean v. Dep’t of Agric.”
Timothy Schultz v. Dep't of Vets. Affairs, 2022 MSPB 23 (MSPB 2022). · cites it 2× “§ 3330c(a); 5 C.F.R. § 1208.25 (a). If you are entitled to such compensation, and the violation is found to be willful, the Board has the authority to order the agency to pay an amount equal to back pay as liquidated damages.”
Philip M. Modeste v. Dep't of Vets. Affairs, 2014 MSPB 44 (MSPB 2014). · cites it 2× “§ 3330c (a); 5 C.F.R. §1208.25 (a). If you are entitled to such compensation, and the violation is found to be willful, the Board has authority to order the agency to pay an amount equal to back pay as liquidated damages.”
Philip M. Modeste v. Dep't of Vets. Affairs, 2014 MSPB 44 (MSPB 2014). · cites it 2× “§ 3330c (a); 5 C.F.R. §1208.25 (a). If you are entitled to such compensation, and the violation is found to be willful, the Board has authority to order the agency to pay an amount equal to back pay as liquidated damages.”
Suzanne Alyce Kopec v. Dep't of Vets. Affairs (MSPB 2016). · cites it 2× “§ 3330c(a); 5 C.F.R. § 1208.25 (a). If you are entitled to such compensation, and the violation is found to be willful, the Board has authority to order the agency to pay an amount equal to back pay as liquidated damages.”
John Doyle v. Dep't of the Navy (MSPB 2023). · cites it 2× “3330c(a); 5 C.F.R. § 1208.25 (a). If you are entitled to such compensation, and the violation is found to be willful, the Board has authority to order the agency to pay an amount equal to back pay as liquidated damages.”
Sean Donahue v. Dep't of Vets. Affairs (MSPB 2022). · cites it 2× “§ 3330c(a); 5 C.F.R § 1208.25(a). If you are entitled to such compensation, and the violation is found to be willful, the Board has the authority to order the agency to pay an amount equal to back pay as liquidated damages.”
Kevin Burnett v. Fed. Deposit Ins. Corp. (MSPB 2023). · cites it 2× “§ 3330c(a); 5 C.F.R § 1208.25(a). If you are entitled to such compensation, and the violation is found to be willful, the Board has the authority to order the agency to pay an amount equal to back pay as liquidated damages.”
Jemal Cheatham v. Dep't of the Air Force (MSPB 2022). “§ 3330c(a); see 5 C.F.R. § 1208.25 (a) (containing virtually identical language).”
Bonds v. Dep't of Treasury, 95 F. App'x 345 (Fed. Cir. 2004). “Bonds contends “VEOA extends to a larger population than ‘Preference Eligibles’ for which remedy is contained in 5 C.F.R. § 1208.25 .” The route of redress that Bonds has chosen to pursue —filing his complaint with the Secretary of Labor under 5 U.”
— 5 C.F.R. § 1208.25(a) — 2 cases
Sean Donahue v. Dep't of Vets. Affairs (MSPB 2022). “§ 3330c(a); 5 C.F.R § 1208.25(a). If you are entitled to such compensation, and the violation is found to be willful, the Board has the authority to order the agency to pay an amount equal to back pay as liquidated damages.”
Kevin Burnett v. Fed. Deposit Ins. Corp. (MSPB 2023). “§ 3330c(a); 5 C.F.R § 1208.25(a). If you are entitled to such compensation, and the violation is found to be willful, the Board has the authority to order the agency to pay an amount equal to back pay as liquidated damages.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.