Mathew B. Tully, Esq.

Mathew B. Tully is a founding partner of Tully Rinckey PLLC. He concentrates his practice on representing federal government employees and military personnel and can be reached at To schedule a meeting with one of the firm’s federal employment law attorneys call 202-787-1900. The information in this column is not intended as legal advice.

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D.C. Circuit Court Rules Private Email Accounts Subject to FOIA

In a case of great significance for federal employees, the U.S. Court of Appeals for the D.C. Circuit overturned a lower court decision and ruled that “an agency cannot shield its records from search or disclosure” under the Freedom of Information Act (FOIA) “by the expedient of storing them in a private email account.” The author summarizes the case and what it means for federal workers.

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Honesty is the Best Policy When it Comes to Security Clearance Forms

When filling out an SF86 form, you may face a steeper punishment than denial or revocation of your security clearance. A recent case highlights the repercussions dishonesty can create for federal employees who lie on this form.

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Job Reassignment Standards Continue to Concern Federal Employees

Some recent court cases highlight the challenges and complexities federal employees can encounter when it comes to job reassignments.

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OPM Data Breach Consequences for 2016 and Beyond

By on February 22, 2016 in Current Events with 1 Comment

The recent data breaches at the Office of Personnel Management impacted millions of current and former federal employees. These are highlights of some actions the government is taking to secure the personal data of its workforce.

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Court Finds Jurisdiction, But Denies Veteran's Preference Claims in Dean v. Department of Labor

The Federal Circuit Court of Appeals concluded that a veteran did not have his veterans’ preference rights violated by the Department of Labor when he applied, but was not considered for, a position as a Recent Graduate Wage and Hour Specialist pursuant to the President’s Pathways Program.

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Federal Employees' Right to Disobey Is Becoming Clearer

Feeling defiant? Good, because there is a growing body of Merit Systems Protection Board (MSPB) case law on the little known “right-to-disobey” rule from the Whistleblower Protection Act (WPA).

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Settlements Drive Spike in Monetary Benefit Awards from EEO Complaints

By on September 22, 2014 in Current Events with 4 Comments

Even though the Equal Employment Opportunity Commission (EEOC) found discrimination in a below-average number of federal sector cases in fiscal year 2012, agencies ended up paying more to resolve employees’ formal and informal discrimination complaints in that year than in any other year in at least the past decade.

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Happy Father's Day, Dad – I Just Cost You Your Security Clearance

Fathers who work for the federal government or for defense contractors make many sacrifices for their children. But sometimes their children can cost them their security clearance. The author explains why this is the case.

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Government Pays the Price for Making Fed Employees Depressed

When employees are not happy, employers – often unwittingly – pay the price. The author says that federal agency managers must not lose sight of this as they strive to operate with smaller and smaller budgets.

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Fat Shaming Is Inappropriate in the Federal Workplace, Sometimes Harassment

The author says it is becoming increasingly dangerous to criticize people’s weight. He says federal employees need to consider at what point it becomes unlawful harassment or retaliation when they encounter it in the workplace.

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