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.

Court Slaps Down AFGE on Its Efforts to Avoid Reinstatement of National Union Official

By on November 16, 2017 in Court Cases with 0 Comments
Court Slaps Down AFGE on Its Efforts to Avoid Reinstatement of National Union Official

Following a court’s order to undo the removal of the National Secretary-Treasurer of AFGE, Eugene Hudson, the union tried to get the court to issue an emergency stay of its order so the union could have time to fire him again. The court declined to do so and its order to reinstate Hudson to his national office still stands.

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DoD Succeeds in Removing a Police Officer the Second Time Around

By on November 2, 2017 in Court Cases with 0 Comments
DoD Succeeds in Removing a Police Officer the Second Time Around

A Defense Department police officer got in trouble with the law in California. Before his plea deal came about, the Department took action….three times…but only the second removal action made it through on appeal.

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¿Qué Pasó?

By on October 25, 2017 in Court Cases with 0 Comments
¿Qué Pasó?

A Spanish language translator who was fired by SSA demanded he be provided an interpreter during the appeal, and failure to do so amounted to denial of due process.

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No Damages For OPM Data Breach

By on September 19, 2017 in Court Cases with 0 Comments
No Damages For OPM Data Breach

A federal court has sided in favor of OPM and one of its contractors in lawsuits filed by AFGE and NTEU seeking damages in the data breaches that exposed the personal data of over 20 million current and former federal employees.

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A Federal Internship Does Not Guarantee a Permanent Position

By on August 14, 2017 in Court Cases with 0 Comments
A Federal Internship Does Not Guarantee a Permanent Position

Does the Merit Systems Protection Board have jurisdiction to review an agency’s decision not to convert an intern position to a permanent appointment? The MSPB says no and the appeals court now agrees.

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DOD Budget Sequestration Furlough in 2013 Affirmed

By on August 8, 2017 in Court Cases with 0 Comments
DOD Budget Sequestration Furlough in 2013 Affirmed

In one of many appeals brought by furloughed Defense employees as the result of the 2013 budget sequestration process, the appeals court has found no error in the handling of one employee’s appeal.

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Union Official Sues AFGE for Defamation

By on July 25, 2017 in Court Cases with 0 Comments
Union Official Sues AFGE for Defamation

A district court has refused to dismiss a defamation action brought by a local union official against the union and at least one AFGE representative, thus giving this aggrieved union member, a former local AFGE official, a day in court.

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This Widow Does Not Meet the Legal Definition of ‘Widow’ for Federal Retirement Purposes

By on July 5, 2017 in Court Cases with 0 Comments
This Widow Does Not Meet the Legal Definition of ‘Widow’ for Federal Retirement Purposes

The widow of an FBI employee is ruled not eligible for a FERS annuity survivor’s benefit since the length of her marriage was less than 9 months at the time of her husband’s death.

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Supreme Court Decides Federal Employee ‘Mixed Case’ Court Jurisdiction Issue

By on June 26, 2017 in Court Cases with 0 Comments
Supreme Court Decides Federal Employee ‘Mixed Case’ Court Jurisdiction Issue

Confronted with the question which court (Federal Circuit Court of Appeals or the U.S. District Court) is the proper forum for challenging a MSPB decision dismissing a federal employee’s appeal for lack of jurisdiction in a so-called “mixed case,” the U.S. Supreme Court has stepped in and settled the matter.

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Unprotected Whistleblowing Will Not Undo Removal of Federal Employee

By on May 25, 2017 in Court Cases with 0 Comments
Unprotected Whistleblowing Will Not Undo Removal of Federal Employee

A Department of Education employee removed for various misconduct reasons tried to thwart the agency’s action by pointing to his whistleblowing activity. Since he could not prove it was protected whistleblowing and the agency could prove it would fire him even if it had been, he lost out on his appeal.

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