Attorney Gerald Leroy Gilliard's Legal Cases

Employment and labor

Kiosk v. National Alliance for Mental Illness, No. 1:13-cv-1267 (U.S. Dist. Court for the Eastern District of Virginia

Nov 20, 2014

OUTCOME: Parties filed a court-approved stipulated settlement after the Court partially denied opposing counsel's motion to dismiss at motions hearing (Dkt. No.17) and granted our deceased client's motion for reconsideration (Dkt. No. 68).

Federal lawsuit concerning alleged disability discrimination and unwarranted termination in violation of Americans with Disabilities Act. Parties filed a court-approved stipulated settlement after the ... Court partially denied opposing counsel's motion to dismiss at motions hearing (Dkt. No.17) and granted our deceased client's motion for reconsideration (Dkt. No. 68).

Employment and labor

Complainant v. McHugh, Secretary, Department of the Army, EEOC Appeal No. 0120140294 (2014)

Mar 05, 2014

OUTCOME: The Equal Employment Opportunities Commission ruled in favor of the Complainant, ordering the Army to reinstate her hostile work environment complaint.

The Army dismissed the Complainant's EEO complaint on the grounds that it was untimely filed. In fact, the Complainant had timely sent the EEO complaint to the Army, albeit to a different Army EEO offi ... ce.

Employment and labor

Kirkland v. Department of Homeland Security, 2013 M.S.P.B. 3 (2013)

Jan 14, 2013

OUTCOME: The Board determined that lack of proper notice to the Appellant of her MSPB review rights constituted good cause to waive the 30-day filing deadline.

The Department of Homeland Security (DHS) fired Ms. Kirkland, the Appellant, in late 2008, a few months before the newly enacted Americans with Disabilities Act Amendments Act became effective. The Ap ... pellant elected to have her union arbitrate this matter rather than appeal to the U.S. Merit Systems Protection Board (MSPB). The arbitrator ruled in favor of the union in a way that the Appellant believed misinterpreted the facts and the applicable law. Neither the arbitrator nor DHS had ever notified the Appellant of her right, per 5 U.S.C. § 7121(d), to ask the MSPB to review the arbitrator's decision. Two years later, on behalf of the Appellant, we requested in November 2011 that the MSPB review the arbitrator's decision. Opinion: http://www.mspb.gov/netsearch/viewdocs.aspx?docnumber=787988&version=790981&application=ACROBAT Related Magazine Article: http://www.fedmanager.com/case-law-updates/1041-failure-of-agency-to-inform-appellant-of-appeal-rights-despite-attaching-a-copy-of-board-regulations-containing-the-filing-deadline-can-establish-good-cause-for-untimely-delay.

Employment and labor

Nimmo v. Department of Homeland Security, 118 M.S.P.R. 508 (2012)

Sep 14, 2012

OUTCOME: The Board, agreeing with the appelllant, granted Mr. Nimmo's Petition for Review and remanded back to the MSPB Administrative Judge.

The Appellant, Mr. Nimmo, filed a Petition for Review after an MSPB administrative judge dismissed his appeal of his removal from the Immigration and Customs Enforcement (ICE). The MSPB AJ dismissed h ... is case on the grounds that Mr. Nimmo, because he was a probationary employee, had no right to MSPB appeal rights. We argued that, per 5 U.S.C. 7511(a)(1)(C)(ii), Mr. Nimmo's three-year stint with the Transportation Security Administration (TSA) waived any obligation for him to complete another probationary period before he could exercise full MSPB appeal rights. http://www.mspb.gov/netsearch/viewdocs.aspx?docnumber=755474&version=758288&application=ACROBAT

Employment and labor

ISCR Case No. 09-08340 (U.S. Defense Dep't Office of Hrgs and Appeals, 2010)

Oct 14, 2010

OUTCOME: An Administrative Judge found in favor of the client on seven of eight subparagraphs under Department of Defense Directive 5220.6 Guideline F (financial considerations).

The Defense Department revoked the applicant's public trust security clearance following a bank foreclosure on a family home partially owned by the applicant. http://www.dod.mil/dodgc/doha/industrial/ ... 09-08340.h1.pdf.

Gerald Leroy Gilliard's Legal Cases (5)

Kiosk v. National Alliance for Mental Illness, No. 1:13-cv-1267 (U.S. Dist. Court for the Eastern District of Virginia

Complainant v. McHugh, Secretary, Department of the Army, EEOC Appeal No. 0120140294 (2014)

Kirkland v. Department of Homeland Security, 2013 M.S.P.B. 3 (2013)

Nimmo v. Department of Homeland Security, 118 M.S.P.R. 508 (2012)

ISCR Case No. 09-08340 (U.S. Defense Dep't Office of Hrgs and Appeals, 2010)