Betsy Faden worked for the U.S. Department of Veterans Affairs. Removed from her position in April 2012, Faden had until May 29 of that year to appeal the removal decision. She submitted an appeal through the Merit Systems Protection Board’s e-filing system seven days after the deadline. Ordered to show good cause for the delay, Faden testified about attempts to e-file the appeal when the board’s system was down. The board acknowledged that its system had not been functioning on May 27, 28, and 29. Was Faden sufficiently diligent in ensuring a timely filing? Discuss. [Faden v. Merit Systems Protection Board, 2014 WL 163394 (Fed.Cir. 2014)]
