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WILLIAM B. KRUGER, DENNIS J. LAKE, MARK POLLOCK, Appellants,
vs.
DEPARTMENT OF JUSTICE, Agency, and OFFICE OF PERSONNEL MANAGEMENT, Intervenor.
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Issues:
Marijuana, evidence, public employees, policy and procedure, due process
Case Summary:
Officials at the Department of Justice appeal a ruling concerning three former employees. The department dismissed the trio after they admitted to smoking marijuana off duty. The workers appealed the decision.
Decision of lower jurisdiction:
A merit systems administrative law judge ruled for the dismissed workers. The ALJ ruled the department lacked sufficient evidence to fire the workers. Department officials appeal the judge's ruling.
Outcome:
A split decision. The Merit Systems Protection Board ordered the workers reinstated on condition that each completes a drug treatment program. The board also ordered the three workers suspended for 60 days.