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Xiafen (Sherry) Chen 陈霞芬 (1955; hydrologist)

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发表于 5-30-2023 15:50:47 | 显示全部楼层 |阅读模式
I have  not heard about her for years. She had been with National Weather Service, National Oceanic and Atmospheric Administration (NOAA), US Department of Commerce.

It turns out that after her case before Merit Systems Protection Board stalled, she sued United States on Jan 18, 2019 demanding five million dollars ($5,000,000) under Federal Tort Claims Act (FTCA) in Chen v United States United States at United States District Court for Southern District of Ohio (S.D.Ohio). The chase was dismissed on Nov 10, 2022 (Docket # 52), after the settlement. The docket of the case is reproduced in a mirror site,
https://www.courtlistener.com/do ... en-v-united-states/

(FTCA requires a claimant to file a claim first with federal government, explaining why the claimant has a claim and provides a figure to facilitate settlement talk. Federal government is supposed to respond within six months. If the claim is denied, the claimant may sue.)   

A federal employee, after dismissal (being fired), may proceed before an Administrative Law Judge (ALJ) at Merit Systems Protection Board to get her job back as well as back pay. Chen won and Department of Commerce appealed to the Board. The Board is composed of three members, who are nominated by president and confirmed by US Senate, for a term of seven years. Two members constitute a quorum. However, between Han 7, 2017, and Mar 3, 2022 the Board did not have quorum, so Chen's case stalled at the board level. And she chose to ioened another battle front by suing United States.
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