“Whether the Board’s decision was not in accordance with the law when it determined that it lacked jurisdiction to hear Appellant’s appeal based on its conclusion that Appellant has not proved by preponderant evidence that he was an ’employee,’ entitled to notice and an opportunity to respond, because his position with the Department of Justice (DOJ) was not the ‘same or similar’ to his prior position with the U.S. Department of Agriculture (USDA), per 5 U.S.C. § 7511(a)(1)(B)(i).”
“The AJ therefore did not legally err or lack substantial evidence when reaching her determination that Jones was not an “employee” as used in [5 U.S.C.] § 7513(d). We thus affirm the Board’s ultimate determination that it lacked jurisdiction to hear Jones’s appeal.”
