Hossein Poorsina, M.D. v. U.S. Merit Systems Protection Board, U.S. Department of Health and Human Services

Hossein Poorsina, M.D. appeals the Merit Systems Protection Board’s (Board) dismissal for lack of jurisdiction of his challenge to being fired by the Department of Health and Human Services (Department). We have jurisdiction pursuant to 5 U.S.C. § 7703 , and, affirm the Board’s decision.

I

The Department hired Poorsina on September 6, 1981 for a position as Medical Officer at the Indian Health Service in Aberdeen, South Dakota, subject to a one-year probationary period. See 5 C.F.R. § 315 .-801 (1982). He was fired three weeks later pursuant to 5 C.F.R. § 315.804 (when an agency fires a probationary employee because of unsatisfactory work or conduct, it shall give written notice and include conclusions as to the inadequacies of his performance). The Department said that Poorsina failed to maintain effective working relationships with supervisors and other staff members and that his disruptive behavior undermined management and impeded Department operations.

Poorsina claims he observed numerous instances of mismanagement, waste of public funds, and dispensing of life-endangering health care, and was fired for reporting these observations. He appealed the Department’s decision to…