Archuleta v. Hopper, No. 13-3177 (Fed. Cir. 2014)
Annotate this CaseHopper was hired by the Social Security Administration, which requested that the Office of Personnel Management (OPM) conduct a background investigation. Fifteen months later, OPM challenged his application. Asked whether, during the past five years, he had been fired from any job, Hopper responded “no.” OPM alleged that Hopper had been fired from two positions with different companies and that, in response to a question requesting a list of all employment for the past five years, Hopper failed to report one of those positions. Hopper responded with supporting documents, claiming that he was not fired from either position and, if he failed to report a position, “it was an honest mistake.” OPM rejected Hopper’s assertions. SSA removed Hopper. While appeal was pending, the Merit System Protection Board issued decisions that questioned whether an individual who meets the definition of “employee” and is separated under an OPM suitability action retains a right to appeal as an “adverse action.” At a hearing, OPM refused to participate. The ALJ mitigated OPM’s action to a reprimand. The Board upheld the decision. The Federal Circuit affirmed, rejecting an argument that the Board erred in approaching the case as an adverse action appeal, rather than as a suitability action under OPM’s regulations. The Civil Service Reform Act does not exempt suitability removals from Board jurisdiction.
The court issued a subsequent related opinion or order on May 13, 2015.
The court issued a subsequent related opinion or order on May 13, 2015.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.