Our client is a former driver for the DC Department of Health who retained us after his employment was terminated as part of a Reduction in Force. We appealed his removal to the Office of Employee Appeals and argued that he had seniority over the one other person employed as a driver, who retained his job. The District argued that the other person was paid from a federal grant rather than operating funds and therefore was not in the same competitive area. Though the Administrative Judge initially agreed with the District, on appeal, the OEA reversed and remanded the case to the Administrative Judge to determine whether the other driver should have been included in the RIF rather than Mr. Jackson.
