BOP Settles Guards Firing by Allowing Disability Retirement
The federal Bureau of Prisons (BOP) agreed to modify the date of a decision letter to allow a terminated guard to seek disability retirement to settle a complaint with the Merit Systems Protection Board.
Edward E. Wolfe was a guard at the Metropolitan Detention Center-Guaynabo in San Juan, Puerto Rico. His complaint states that on May 29, 1997, the BOP terminated him from his position “due to physical medical inability to perform the duties of [his] position.” He alleged that action was job discrimination based on his illness and ability to perform duties.
The parties reached the agreement on February 29, 2000. It provided the decision letter was to be modified by BOP from “July 8, 1997, to reflect removal effective July 23, 1999. This is to enable the Appellant to file for disability retirement with the Office of Personal Management.”
No back pay or benefits accrued for that period under the settlement. BOP agreed to pay up to $500 for a psychiatrist to reevaluate him, and it agreed to assist him with preparation of forms for all levels of review in seeking disability retirement. Wolfe agreed to abandon all claims resulting in the termination decision. See: Wolfe v. Department of Department of Justice, U.S. Merit Systems Protection Board, Docket Number NY-0752-00-0050-I-C.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Wolfe v. Department of Department of Justice
| Year | 2000 |
|---|---|
| Cite | U.S. Merit Systems Protection Board, Docket Number NY-0752-00-0050-I-C. |
| Level | Administrative Agency |
| Conclusion | Settlement |
| Injunction Status | N/A |