Sunday, January 25, 2015

cancel vacancy, not to fill the positiion

Abell challenged the Navy's cancellation of the third vacancy as violating his veterans' preference rights because such action denied him the opportunity to compete for that position. 

The VEOA required that the Navy give Mr. Abell the opportunity to compete for the three vacant positions; the VEOA did not require that the Navy give Mr. Abell a position if he scored the most points. The Navy reasonably relied on its interview process to determine that Mr. Abell did not meet the qualifications required for the position. In short, Mr. Abell had the opportunity to compete and did compete; the Navy's decision not to fill the position did not violate Mr. Abell's rights under the VEOA.

 the Navy's right to cancel the third vacancy after filling the other two, 

https://casetext.com/case/abell-v-department-of-navy

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