Tiburzi v. Department of Justice

Where employee and his agency entered into an oral agreement, in the presence of an ALJ, involving employee's resignation, denial of petition for review affirmed because substantial evidence supported the conclusion that the parties intended to be bound by the oral agreement, and employee failed to show that his counsel or the ALJ coerced his acceptance of the agreement.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Appealed from: Merit Systems Protection Board

Opinion for the court filed by Circuit Judge DYK. Dissenting opinion filed by Circuit Judge NEWMAN.

This case presents the question whether the parties intended an oral settlement agreement to be binding in the absence of a subsequent written settlement agreement. We hold that substantial evidence supports the conclusion that the parties intended to be bound by the oral agreement, without regard to any subsequent memorialization of its terms. We further hold that petitioner has made no showing that his counsel or the administrative judge coerced his acceptance of the agreement. We accordingly affirm the decision of the Merit Systems Protection Board (“MSPB” or “Board”) in Tiburzi v. Department of Justice, No. PH-0752-00-0295-I-1 (M.S.P.B. Nov. 13, 2000).

More From ALM

What are your legal peers thinking about AI? Are they comfortable using it? What are their biggest fears, and how are they approaching its regulation? Download this report, which illustrates the perspectives that will inform and offer you a competitive edge.

2024 Report: State of AI in Legal

Brought to you by Ironclad
Download Now

Unlock the secrets to mastering second request document review. This comprehensive blueprint provides actionable insights and best practices to ensure efficiency and compliance. Learn how to assemble the right team, leverage cutting-edge technology, and streamline workflows for optimal results. Access the article now to learn how to transform your document review process.

Blueprint for Successful Second Request Document Review

Brought to you by Integreon
Download Now

Unlock the secrets to boosting recruiting, productivity, and reducing turnover in 2024 with this guide. Learn the 3 R’s--Rethink, Reevaluate and Reprioritize --to enhance recruitment, productivity, and retention. Transform your workplace into a thriving environment where employees feel valued and motivated. Download the guide now and lead your firm to new heights.

Employee Happiness Playbook: The 3 R's for Business Success in 2024

Brought to you by Amazing Workplace, Inc.
Download Now

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

GlobeSt. Women of Influence (WOI) 2024

July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.

Learn More

New York Legal Awards 2024

September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More

African Legal Awards 2024

September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.

Learn More

Legal Research Attorney (Criminal)

The Superior Court of California, County of Alameda is accepting applications for the position of Legal Research Attorney. Under general dir...

Apply Now ›

Attorney - Medical Malpractice

ROSENBERG JACOBS HELLER & FLEMING, PC of Morris Plains, NJ is seeking a full-time Attorney who has at least 5 years experience, includin...

Apply Now ›

(NEW) REAL ESTATE ASSOCIATES FOR LAW FIRM KNOWN AS BEST PLACE TO WORK; TOP PAY SCALE (Chicago, IL or other US office)

Our client, a well-regarded national law firm widely recognized as one of the top places to work, has engaged us to find multiple real estat...

Apply Now ›

Lawyers of Distinction

06/27/2024
The American Lawyer

Professional Announcement

View Announcement ›

SMGQ Law

06/21/2024
Daily Business Review

Full Page Announcement

View Announcement ›

Blume Forte Fried Zerres & Molinari

06/14/2024
New Jersey Law Journal

Professional Announcement

View Announcement ›

Tiburzi v. Department of Justice

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Law.com