METZ FACTORS
In Metz v. Department of the Treasury [86 FMSR 7001], the Federal Circuit Court stated that to determine if the words constituted a threat, the Merit Systems Protection Board (MSPB) must use the connotation that a reasonable person would give the words. The Court also listed several factors to consider in making a determination of a threat:
1) listener’s reactions;
2) listener’s apprehension of harm;
3) speaker’s intent;
4) conditional nature of the statements; and
5) attendant circumstances.
