A passport specialist at the Department of State (DOS) was terminated based on four charges, and eighteen specifications, of misconduct. Eleven of those specifications came in a charge of failure to follow instructions. He argued that his fully successful performance evaluation should be considered as evidence that he consistently followed instructions.

On October 8, 2021, the Federal Circuit Court of Appeals affirmed that federal employees can be fired for one e-mail, if the e-mail is sufficiently disrespectful. The employee appealed his removal to the Merit Systems Protection Board (MSPB).