Administrative Remedies, Tort Claims and the Privacy Act
A federal court has handed another defeat to Joseph and Valerie Plame Wilson in their efforts to receive damages from various high-level officials, including Vice President Cheney.
Author: Susan McGuire Smith
Employee Gets Another Appeal Despite “Last Chance” Agreement
A federal employee who was found to be “rude and obnoxious” ended up being fired as the incident occurred after he had already signed a “last chance” agreement with the agency. The employee waived his appeal rights with the agreement but a federal court sends the case back to the MSPB anyway.
Defining “Fired” From Any Job
An Air Force employee who was fired for giving false information on her background investigation questionnaire contended she had answered correctly as she understood she was only to report being fired from a federal job–not the times she was fired by a private sector employer. After review by a court, she remains fired from the Air Force job.
Firing an HR Specialist With 30 Years of Federal Service
A personnel specialist with 30 years of federal service argued that his long employment history and a recent mid-term evaluation should have been considered in a decision to remove him from federal service. But, says a federal court, the only performance that is relevant in this case is his performance during a 60-day evaluation period. His removal stands.
Expanding the Definition of Disability Discrimination
A majority of a federal appeals court finds that lack of sexual desire is a major life function giving rise to disability discrimination. A strong dissent argues that the issue is one the government has no business inquiring into or knowing and should not be held accountable for discrimination under these circumstances.
Ex-convicts, Veteran’s Preference, and Rehiring A Former Federal Employee
Searching for an angle in his appeal, this former Postal Service employee argued the agency erroneously believed it would not hire an ex-felon. He also argued he should get priority consideration because he was a veteran. But a federal court finds the MSPB did not have jurisdiction in his appeal.
PTSD and the FBI Agent
The DC Circuit Court of Appeals has overturned a lower court’s summary judgment and sent a federal agent’s discrimination complaint under the Rehabilitation Act of 1973 back for trial.
Agency Can Reassign Employee–And Fire An Employee Who Refuses to Go
The Army had “legitimate management considerations” for reassigning an engineer to Ft. Riley, Kansas. An appropriate penalty for refusing to move is removal and, in this case, the employee’s refusal to move was upheld by the MSPB and a federal court.
“Last Chance” Agreement Means What It Says
A “last chance” agreement usually means that an employee will be fired if there is a similar problem in the future. When this Postal Service employee argued removal was inappropriate because of her long service record, the last chance agreement still carried the day and the employee remains a former federal employee.
DoD Employee Gets a Second Shot With MSPB on Removal Appeal
An auditor with the Inspector General for DoD was fired after losing his security clearance. His removal was upheld by the MSPB but a federal court gives him a second shot at overturning his removal.
