Question
CASE BRIEF? what is the issue for this case Portela-Gonzalez v. Secretary of the Navy? Case link: https://caselaw.findlaw.com/us-1st-circuit/1385332.html Case's fact: Plaintiff was Astrid L.Portela Gonzalez
CASE BRIEF?
what is the issue for this case Portela-Gonzalez v. Secretary of the Navy?
Case link: https://caselaw.findlaw.com/us-1st-circuit/1385332.html
Case's fact: Plaintiff was Astrid L.Portela Gonzalez (Portela), she worked as a sales manager at the Roosevelt Roads Naval Station for nearly three decades. On December 14, 1989, Portela placed $484.10 worth merchandise on layaway. However, Portela cancelled the layaway arrangement (paid $5.00 penalty) because she saw an opportunity for increase saving, P repurchased for $330.79. The Navy Exchange terminated Portela's employment because she violated the Navy Exchange's layaway policy for applying unauthorized 40% price reduction. Portela's first appeal at the OIC was failed, the OIC confirmed his determination. The second appeal was to the Commanding Officer of the Roosevelt Roads Naval Station. After a full evidentiary hearing, the officer maintained her termination. On the third appeals, plaintiff appealed to a Rear Admiral H.D Weatherson, Commander of the NRSS0 who affirmed her termination. The rear admiral advised the plaintiff to appeal to the Deputy Assistant Secretary of the Navy.Instead of following the fourth level of administrative redress, the plaintiff decided to challenge her termination in the district court. The district court ruled that Portela failed to exhaust available administrative remedies, though reached some advantages in the exercise of its perceived discretion. Portela appealed.
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