Tag: Court Cases

“Good Intentions” Not a Defense

Filed in Headlines, News by on November 25, 2014

Applying progressive discipline, the IRS ended up firing an employee who dragged his feet every year resulting in late payment of his federal taxes.

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The Mailbox Rule Revisited

Filed in News by on November 5, 2014

The author cites a recent court decision in which the court ruled that email is not a viable means of certifying that an employee received a notice of FMLA certification. He says this sets a troubling precedent and describes the problems he believes the case will present for federal managers.

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Appeals Court Hands Fired DHS Employee His Job Back

Filed in News by on October 26, 2014

Score this recent published decision by the Federal Circuit as a big and clear win for the fired Customs and Border Agent and his legal team. He could not convince the agency, the Administrative Law Judge, or the Merit Systems Protection Board. But that does not matter because he definitely convinced the court that he had been too harshly treated.

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Lawsuit Alleges TSA Agents Unscrewed Urn, Spilled Mother’s Ashes In Man’s Suitcase

Filed in News by on October 5, 2014

A lawsuit filed by a man in Cleveland says that he packed his mother’s remains in his suitcase to fly to Puerto Rico to spread her ashes there according to her wishes but found a very unpleasant surprise when he arrived.

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Wording of Divorce Decree Trips up Claim for Survivor Benefits

Filed in News by on October 1, 2014

There are plenty of ways to mess up a divorce decree so that a surviving ex-spouse cannot claim a survivor annuity. This recent case is yet another example of what not to do.

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Filing Delay Leads to Loss of Federal Death Benefits

Filed in News by on September 23, 2014

Even though a spouse of forty years was entitled to her husband’s federal death benefits, her estate could not claim them when the widow died before she was able to sign the paperwork.

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Modified Divorce Ruling Handed Down Before Retirement Must Be Considered In Deciding Survivor Annuity

Filed in News by on August 27, 2014

In yet another case involving the current wife and ex-wife fighting over a federal retiree’s survivor’s annuity, the appeals court finds error in handling by OPM and MSPB and bounces the case back for another round. See why.

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The Mailbox Rule

Filed in News by on August 24, 2014

Historically, federal agencies have used what is known as the “mailbox rule.” This maxim provides that if a notice or letter is properly addressed and duly mailed, it is presumed to have arrived at the mailing address in due course. However, the author cites cases which illustrate that this does not always work out as an agency would expect.

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