Postal Worker's Self-Defense Claim Can't Save Job

Postal Worker's Self-Defense Claim Can't Save Job

A Postal Mail Handler / Union Official appealed his removal to MSPB. USPS issued him a removal based on a charge of Improper Conduct/Violation of Zero Tolerance Policy after the employee engaged in a physical altercation with a co-worker. The employee contended that the removal was improper because he was physically assaulted by his co-worker and was merely defending himself. MSPB initially mitigated the removal to 30-day suspension. But MSPB found that because the employee did not retreat in good faith before the fight began, he could not successfully claim self-defense. MSPB also claimed the employee instigated the fight by calling his co-worker 'a dummy.' Therefore, the MSPB concluded that the Administrative Judge erred in considering the self-defense claim and sustained the removal." click here for decision