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

Full Appeals Court Clears Way For Expansion of MSPB Review In Suitability Cases

Filed in News by on May 19, 2015 Comments

A few months ago, the appeals court upheld a significant expansion by the MSPB of its jurisdiction over suitability appeals. OPM fought this expansion by requesting that the full Court of Appeals for the Federal Circuit re-hear the case “en banc.” The appeals court has now responded in what is a victory for the Board and a disappointment for OPM.

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Controlling Overtime Budgets Just Got Harder for Agencies

Filed in News by on May 16, 2015 Comments

Federal agencies just got new marching orders from the appeals court on the standards to be applied for when overtime must be paid.

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Reemployed Annuitant Became ‘At Will’ Employee

Filed in News by on April 30, 2015 Comments

A federal employee retired after a reduction-in-force, was reemployed, but finds out the hard way that keeping the annuity flowing means losing civil service protections.

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Gun Purchase Leads to Fed’s Termination

Filed in News by on April 21, 2015 Comments

This former Forest Service employee ran into trouble when he purchased a firearm for a third party and was not entirely up front in filling out the required ATF form.

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Winning Has Consequences

Filed in News by on March 18, 2015 Comments

An employee flush with victory when the Board ordered her reinstatement perhaps got too bullish in dealing with the agency as it tried to work out her back pay. See how this one unfolded and what the court did with it.

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Snatching Defeat From the Jaws of Victory

Filed in News by on March 10, 2015 Comments

Here’s a strange case where the Air Force and now the district court have refused to let an Air Force ROTC cadet booted out of the program have his cake and eat it too.

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‘Essential Employees’ and the 2013 Government Shutdown: Are You a Class Member?

Filed in News by on March 6, 2015 Comments

Fallout continues from the October 2013 partial government shutdown, this time in the form of liquidated damages the government may have to pay up to 1.3 million federal employees. Do you qualify to be part of the class? Read on to find out.

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Veterans Employment Opportunity Act and Merit Promotions

Filed in News by on February 24, 2015 Comments

Does the Veterans Employment Opportunity Act (VEOA) require agencies to credit military service in computing time-in-grade requirements for a military veteran who is already on the agency’s civilian payroll? See how the appeals court has answered this in a precedential decision.

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