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DoD Employee Gets a Second Shot With MSPB on Removal Appeal

DoD Employee Gets Second Shot is the wrong title

ER/LR Specialist
NIH
Fri Jun 13, 2008 10:07 AM

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This article should have been entitled MSPB's failure to make basic findings of fact results in it having to do the work it should have done in the first place.

In addition, while the decision does give him another opportunity to overturn his removal, the article should mention that the issue on remand is limited to whether the employee received due process, not a de novo review of each and every other argument he has already made.

Security Clearance

HR Manager (Retired)
DoD
Fri Jun 13, 2008 10:37 AM

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This article leaves too many vital questions unanswered about what led to Romero’s failure to obtain the higher level clearance, whether there was an official change in duties to require the new clearance, if Romero appealed the denial to the agency granting the clearance and if his agency could have kept him by not assigning him NSA audit duties. Surprisingly employees who “fail” to get a security clearance or an upgrade stand a good chance, if there are no new very real troubling findings, of getting the clearance if they appeal the decision to the granting agency. As for his employers if they did not officially change his job duties to include NSA audits, their best bet is to keep his job as it was prior to assigning him these duties, Unfortunately decisions to grant or deny a clearance often hang on information provided by unhappy family members and neighbors. And, firing someone unless you have a strong case will lead to rehiring with back pay.

Fired Fed

Patient Business Assistant
VA
Mon Jun 16, 2008 8:39 AM

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I'm wondering at the brief statement that the court said about maybe the dept., then MSPB, didn't follow it's own rules. That happens a lot in government. Rules get overlooked to get people to do extra work, when they probably should have hired more people to do it. Ever looking at the $ line they chose add to his duties, foregoing rules & regs that would have probably entitled him to a raise. They opted not to do so. Once the "broken rule" came across some honest or higher official's desk, they chose to put the blame on the employee, as if it were his fault he was working w/out proper clearance. Supvs. had to know. US watch dogs are old bassets asleep on the porch, you are on your own, so CYA. They automatically dismiss things & force appeals so the next organization has to deal w/ it. Why do you think justice takes so long? The system is set up to punish & stall out the complaintant, not deal w/ & punish the officials that dropped or chose to ignore the ball & change the rules.

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