The agency proves this charge, with preponderant evidence, by establishing the following evidence:
Mistreatment of mail can encompass a whole range of misconduct, including destruction, theft, and delay of mail. Generally, proof of this charge is fact-specific, but agencies typically get in trouble by alleging such charges as theft of mail and in taking the penalty presentation too lightly.
The MSPB may mitigate the penalty if the agency fails to prove a lack of trust with sufficient specificity. In Jefferson, the MSPB found that mitigation to a 90-day suspension was appropriate for theft of mail. In finding that the removal penalties were unreasonable, the MSPB determined that the agency failed to establish that supervisors would be unable to trust appellants so that they could effectively perform their duties.
The federal employee attorneys at Melville Johnson, P.C. are highly experienced in MSPB matters such as these, and are willing and able to assist you in your federal employment legal matters. Call or message us today to discuss your claim and learn how we can assist you.
 Jefferson v. USPS, 73 MSPR 376 (1997).