Susan McGuire Smith

Author: 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.

“Flirtatious” Behavior and a Last Chance Agreement Lead to Removal

An employee of the Dept. of Veterans Affairs signed a “last chance” agreement and waived his appeal rights in order to be reinstated as a federal employee with the agency after having been charged with using government computers for sending “obscene material.” The agency invoked the agreement several months later and fired him and another federal employee case headed to the courts.

Not Eligible to Retire? What Happens if You Create New Data for Your Retirement Application?

A federal engineer was going to be fired after giving false information. The agency agreed to let him retire. He then lied on his retirement application and was indicted. OPM terminated his retirement annuity as he did not meet the age requirement. A court finds the settlement agreement could not prohibit the agency from reporting misconduct to the appropriate authority for prosecution and he does not have a case.

“Drill Here, Drill Now”

“Drill here, drill now” has become a political hot topic as gas prices have been soaring. One argument against drilling: The oil companies are not even drilling with existing leases. A decision from a federal appeals court finds that the government reneged on off-shore leases off the California coast and kept the companies from exploring and tapping off-shore resources. The government has been ordered to pay more than $1.1 billion to the leaseholders.

Personal Expenses and Canceled Leave

If an agency cancels an employee’s leave that had been approved, should the agency be liable for the employee’s expenses? An agency and a union agreed to such a provision but it was disapproved by by the agency as being outside the agency’s duty to bargain. A federal court has agreed with that position.