Tag: Court Cases

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

Filed in Headlines, News by on July 24, 2016 Comments

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

Filed in News by on June 20, 2016 Comments

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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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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