Court Cases

How Was I To Know They Fired Me the First Time?

By on October 16, 2007 in Court Cases, Current Events with 0 Comments

A former federal employee who was fired by the Air Force and went through an appeal with the MSPB applied for a job with the IRS and started work there. OPM discovered his removal and told the IRS to remove him. The errant former fed contended he did not realize he had been fired from the Air Force job.

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Who Said Divorce Would be Cheap (or Fair)?

When the former wife of a retired federal employee was given 53% of his monthly annuity payment, the retired fed was unhappy with OPM so he appealed to MSPB and then to a federal court. After all the litigation: the federal retiree gets less than his former wife.

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Federal Circuit to MSPB: Take the Case

The Court of Appeals for the Federal Circuit has issued a precedential decision that overturns an MSPB ruling. The court found that an indefinite suspension issued as a result of criminal charges and the failure to restore a federal employee to duty following an acquittal were two different matters for appeal. The case was remanded back to the MSPB.

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Breach in the Settlement Agreement

The Postal Service reached a settlement with an employee being demoted. The former postmaster was to apply for disability retirement and the agency was to cooperate and facilitate his application. A federal court says the agency did not live up to its end of the bargain and send the case back to the MSPB.

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This Double-Dipping Leads to Removal

By on December 14, 2006 in Court Cases, Current Events with 0 Comments

Continuing to receive worker’s compensation benefits after returning to work with an agency can lead to removal from federal employment.

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Who Wins the Survivor Annuity: Wife Number 1 or Wife Number 2?

A court of appeals finds that OPM had an obligation to to check out the facts of a case that impact the election of a survivor annuity. The case is therefore sent back to the Board for a new decision based on the finding of the court.

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An Unusual Request for a Promotion

Here is a unique way to seek a significant promotion in government service. A federal employee submitted letters from her doctor indicating she could not perform the duties of a lower level job. She argued the agency should therefore give her a promotion to a higher level position.

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Give Me One More Last Chance (Before You Say We're Through!)

By on February 28, 2006 in Court Cases, Current Events with 0 Comments

A federal employee charged with using abusive and obscene language signed a last chance agreement. When he didn’t show up for work, the agency reinstated the removal action and a court finds that he had waived his right of appeal.

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Federal Employee Gets $300,000 Settlement in Lawsuit

By on August 1, 2004 in Court Cases with 2 Comments

A federal employee prevailed in his EEO complaint against DHS winning over $300,000 in a jury verdict.

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Employee's Appeal of Contracting Decision Dismissed

By on February 11, 2004 in Court Cases with 0 Comments

GAO has dismissed an appeal of a federal employee on contracting out of work but notes that the issue is on procedural grounds and not a substantive ruling on the standing of a federal employee to file such an appeal.

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