Tag: Court Cases

Position Sensitivity: Where It All Begins

Filed in Headlines, News by on August 24, 2015 Comments

What does it mean to say a position is sensitive and in the “public trust?” The author describes some problems he sees with determining an employee’s suitability for occupying a sensitive position as well as some important case history related to the process.

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Security Clearances and Indefinite Suspensions: Federal Circuit vs the MSPB

Filed in News by on August 16, 2015 Comments

A recent decision on an indefinite suspension and revoking an employee’s security clearance highlights a conflict between the MSPB and the Court of Appeals for the Federal Circuit.

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No Security Clearance, No Job

Filed in News by on August 13, 2015 Comments

If a federal job requires that the employee maintain a security clearance, then if the clearance is revoked the employee no longer meets the job’s requirements. No clearance, no job.

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It’s Time for Another Civil Service Reform Act

Filed in News by on June 23, 2015 Comments

Over the last several years Congress has been contemplating another civil service reform act. The author says that it is long overdue and explains why.

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The Perfectly Bad Case

Filed in News by on June 22, 2015 Comments

The Wall Street Journal recently published an opinion piece linking a Federal Labor Relations Authority (FLRA) decision to the massive data breach that recently occurred at OPM which jeopardized the personal data of millions of current and former federal employees. The author analyzes this case and how it relates to the data breach.

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Circuit Says OPM Dropped the Ball on Suitability, MSPB Can Now Say ‘Hire Liars’

Filed in News by on June 17, 2015 Comments

In a recent case, a panel of D.C. Circuit Court Judges lambasted OPM for asking for a three judge panel to review a single judge’s ruling without having a case to hang its legal hat on. The author explains why this case is important.

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What’s Wrong With Watching Porn on My Government Computer?

Filed in News by on June 3, 2015 Comments

An ICE (Immigration and Customs Enforcement Agency) officer got in big trouble when he used his idle time at work to visit questionable websites with the agency computer. He took offense at the charge that he lacked candor in responding to investigators. See how this one came out.

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Two Years Does Not Mean Three-and-a-Half Years

Filed in News by on May 28, 2015 Comments

In yet another situation where a retired federal employee missed the deadline for electing a survivor annuity for his new wife, she ends up with nothing.

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