As we previously reported on “The Truth About Differential Pay”, in 2015 we obtained a favorable differential pay verdict on behalf of one of our Reservist clients. The case, which concerned the pay the Reservist was due from his Federal Government employer while he was on U.S. military duty, raised many interesting and important points, particularly for those who are in the Reserves and National Guard, and certainly for Reservists and Guardsmen who are trying to collect differential pay (read original opinion here).
The government appealed our lower court victory and on July 12, 2016, the Merit Systems Protection Board, in a split vote, affirmed the previous decision granting our client his full differential pay and benefits (MSPB Opinion). This means that anyone with similar circumstances may bring his or her own case with the knowledge that for the first time there are more decisions in favor of granting Reservists and Guardsmen their differential pay than there are against it.
Of note, this MSPB order is non-precedential, which means that it is not binding on any other MSPB administrative law judge. We are confident, however, that our position is correct, and that every Reservist or Guardsman who is also a Federal employee and has performed voluntary or involuntary active duty service since 2009 will be entitled to receive the difference in pay between his Federal Government job and his military job.
If you work or have worked for the Federal Government and are or were also a Reservist or National Guardsman, please contact us directly for a free consultation. You may be entitled to the differential pay between your Federal Government pay and your military pay.