Case Explained: 26-1241: HART v. MSPB [OPINION], Nonprecedential

Court: United States Court of Appeals for the Federal Circuit

Filed: 2026-07-10

The Federal Circuit affirmed the Merit Systems Protection Board’s final decision dismissing Sophia Hart’s appeal of her termination for lack of jurisdiction. The court held that Hart, an excepted service appointee under Schedule A who was not a preference eligible, failed to meet the definition of an “employee” under 5 U.S.C. § 7511(a)(1)(C)(i) because she did not prove she was not serving a probationary or trial period at the time of her termination. Applying a de novo standard to jurisdictional determinations and a substantial evidence standard to underlying fact findings, the court found the Board’s conclusion supported by the agency’s policy that non-preference eligible Schedule A appointments are subject to a two-year trial period. The court further ruled that the Board did not abuse its discretion in denying Hart’s request to submit new evidence under 5 C.F.R. § 1201.115(d) and rejected her arguments regarding due process and termination merits, noting these issues were irrelevant absent jurisdiction. Consequently, the dismissal of Hart’s appeal stands, leaving her termination action unreviewable by the Board or this court.

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