Susan McGuire Smith

Susan McGuire Smith spent most of her federal legal career with NASA, serving as Chief Counsel at Marshall Space Flight Center for 14 years. Her expertise is in government contracts, ethics, and personnel law.

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Susan McGuire Smith's Latest Posts

Don’t Just Look For the Management Label

Filed in News by on July 19, 2016 Comments

The appeals court agrees with the Merit Systems Protection Board that just because an HR Specialist had access to confidential personnel databases and was labeled a manager by her agency does not mean that she was in a management position or one that otherwise gave the Board jurisdiction over her adverse action (demotion) appeal.

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Fired Employee Convinces Court to Throw Out MSPB Decision

Filed in News by on July 4, 2016 Comments

A DFAS (Defense Finance and Accounting Service) employee removed for being found ineligible for a sensitive position due to numerous outstanding debts won a reprieve from the federal appeals court when it threw out the decision of the Merit Systems Protection Board and sent the case back for another look.

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Mama Bear’s Efforts to Save Her Son’s Job Added Up to Nepotism

Filed in News by on June 28, 2016 Comments

A Supervisory Patent Examiner who retired rather than be busted down to a non-supervisory position for the offense of nepotism was unable to persuade the Merit Systems Protection Board, and now the appeals court, to hear her case.

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Keep the Money, and Run!

Filed in News by on June 8, 2016 Comments

A divorced spouse relied on an inaccurate version of a 20-year-old divorce decree to get OPM to award her a survivor annuity on the death of her former husband. When presented with the accurate version of the decree, OPM revoked the annuity and demanded repayment. See what happened.

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Retroactive Restoration and the TSP Account

Filed in News by on May 31, 2016 Comments

A VA employee ordered retroactively restored when his removal was cancelled by the MSPB argues with the agency’s handling of his account with the Thrift Savings Plan.

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He Said, They Said

Filed in News by on May 18, 2016 Comments

An instructor at the Federal Law Enforcement Training Center (FLETC), fired as the result of allegations he fraternized with female students, tried unsuccessfully to argue that poor witness credibility decisions amounted to error on the part of the review board that has upheld his removal.

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Federal District Court Orders Discovery Against White House Agency in a FOIA Case

Filed in News by on May 10, 2016 Comments

The district court has ordered discovery in another Freedom of Information Act case where the actions of the Office of Science and Technology Policy, part of the White House, in responding to a document request are characterized by the court as “inconsistent” and a “rare case where discovery is warranted.”

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Federal Law Enforcement Position + Felony Conviction = Mandatory Removal

Filed in News by on April 28, 2016 Comments

A criminal plea deal that lead to removal of a U.S. Border Patrol Agent amounted to a felony conviction that required he be fired.

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