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"I didn't get my law degree out of a cracker jack box."

By Susan Smith

Monday, October 1, 2007

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A Veterans Affairs employee, suspended for one day for making false statements about a co-worker, was unable to persuade the Merit Systems Protection Board, and now the Federal Circuit, that she was entitled to whistleblower's protections. (King v. Department of Veterans Affairs, C.A.F.C. No. 2007-3225 (nonprecedential), 9/14/07)

King is a GS-9 medical technologist at the VA in Tuskegee, Alabama. She admitted that she made the following statement to a supervisor when off-duty but still on the VA campus: "You know, I didn't get my law degree out of a cracker jack box. You're going to wish you hadn't started this." (Opinion p. 2)

The agency suspended King for disrespectful conduct. King argued that she was engaging in protected whistleblowing. The Office of Special Counsel declined to pursue the case. King then filed an Individual Right of Action with the Board. A hearing was held but the Board denied her appeal. (p. 2)

Agreeing with the Board that the evidence of King's disrespectful conduct was "strong" and "undisputed," the court affirmed the suspension. While the incident occurred while King was off duty, the court concluded that there was substantial evidence of nexus, "including the fact that the incident happened at her employer's facility and involved a supervisor." (p. 3)

As for King's argument that her statement was protected speech, the court disagreed, finding that speech may be restricted where it could disrupt the office, undermine supervisory authority, and "destroy close working relationships," as was the case here. (p. 3)

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Readers' Comments

  • I think the history of the circumstances, that lead up to the event, and the suspension should be explored. Did Ms. King file a VAIG complaint, which resulted in the Director taking an early retirement? King vs. VA, MSPB decision, January 2007. Was the Director the same Director, who was not nat...
    Posted: November 16, 2007 11:08 AM
  • STATEMENT: "I didn't get my law degree out of a cracker jack box. and you are going to wish you had not started this". THIS MEANS THE INDIVIDUAL IS GOING TO SUE THE SUPERVISOR FOR SOMETHING. THE INDIVIDUAL NEVER THREATED BODYLY INJURY. THIS INDIVIDUAL NEVER THREATED HARM TO ANYONES BODY. ...
    Posted: October 17, 2007 10:12 AM
  • If the US Government can allow such activity as the firing of this individual without Whistleblower protection, then every laws on the books are a waste of ink and paper. This allows the US Government to render decisions in accordance to the direction the winds of political opinion are blowing, not...
    Posted: October 16, 2007 6:56 PM

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