Mistreatment of Mail

Melville
April 10, 2020
Certain kinds of federal agencies may be more susceptible to certain types of charges than others. For example, the United States Postal Service may see many charges for the mistreatment of mail for obvious reasons.

The agency proves this charge, with preponderant evidence, by establishing the following evidence:

  1. The appellant tampered with the mail as alleged
  2. The appellant delayed, obstructed, or stole the mail as described
  3. Elements of theft, if alleged.[1]

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.


[1] Jefferson v. USPS, 73 MSPR 376 (1997).

This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.
Contact us today
If you feel you've been the victim of unlawful discrimination involving MSPB claims or EEO claims, our experienced federal employment attorneys stand ready to fight on your behalf. Give us a call today at 877.524.9111 or fill out the form below and we'll be sure to follow up in a timely manner.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
what our clients are saying
“I really appreciate how much Melville Johnson cared about my case. From the very beginning of the process, their federal employee attorneys were friendly and very informative. We won the case, and they were even helpful afterwards, answering any questions or concerns. Thank you Melville Johnson, and I will definitely pass your good work along to others in need.”
- Jim R.
“Despite the complexity of my situation, Melville Johnson took on my claim and immediately put me at ease with a clear demonstration of their expertise with EEO law. From the very start, the firm’s team members have been amazing to work with—hardworking, honest and extremely trustworthy. I would recommend them to anyone who needed this type of legal assistance!”
- Bridget B.
“As a person with a disability working for the federal government, I knew I needed to get the right legal professional assistance for my case. And while the process could have been tedious and overwhelming for a layperson without much legal knowledge, Melville Johnson alleviated all the potential stress involved by taking the guesswork out of my hands. With their help, I received disability approval in record time! I want to thank you for the superior work your firm performed. From my very first contact, your Client Intake Manager took the time to answer all of my initial questions and provide detailed information at every turn. And your attorneys showed nothing but professionalism and kindness throughout the process.”
- Sandra B.
“The consummate professionals at Melville Johnson work closely with you to ensure your rights are being protected. As a current federal employee, I found myself in a situation where the job I was asked to do didn’t match the position description for which I was hired nor the compensation I deserved. With the firm’s help, I was able to obtain back pay and transfer into a position that matched the job I was performing."
- L.M.