Warring Congressmen: Who Will Pay These Attorneys’ Fees?
Congressman Boehner has been awarded damages against Congressman McDermott. McDermott has been ordered to pay the other Congressman more than $1 million in attorneys’ fees.
Author: Susan McGuire Smith
Random Drug Test Leads to Removal
A Navy firefighter who was fired for failing a random drug test has failed to convince the MSPB or a federal court to overturn his removal.
Suing Federal Co-Workers Is Usually Waste of Time
“Some aggrieved federal employees like to sue co-workers and supervisors in their individual capacity. In most cases this is basically a waste of time.”
Tough Choice in Short Time Doesn’t Equal Coercion
Given a short time to make an unpleasant decision about whether to resign or receive a proposed notice of removal, an errant federal manager opted to resign but then filed an appeal. Unlike MSPB Member Sapin, the court had no problem with the short period of time to make an unpleasant decision as the agency could have just issued the notice of proposed removal.
Temporary or Permanent: What’s In a Name?
A temporary employee applied for a permanent job and was selected–even though the announcement indicated the job was not open to temporary employees. She lost the job as a result so the employee filed an appeal contending that since she was now in a permanent job, she now had full appeal rights. The case went to federal court as the former temp tried to expand the coverage of the federal employee appeal process but the court did not buy the argument.
Court Sends Case Back to MSPB For Penalty Review
A 19-year postal employee with no prior misconduct worked at a Post Office where she supervised clerks and served as the finance supervisor. She was demoted to a part-time job. The MSPB administrative judge sustained the penalty after finding only a lesser charge had been proved. A federal court returns the case as “The agency has not yet articulated what less severe sentence should be imposed when it proved only a much less severe charge.”
Court Upholds Removal After Employee Failed to Reveal Problems With Former Employer
An employee of the IRS told the agency he had never left a job “under unfavorable circumstances.” A background investigation revealed that was not necessarily the case, at least in the agency’s opinion. The employee appealed his removal to the MSPB and to federal court but his legal quest did not get him reinstated.
17 Years Later–Former Fed Learns Expensive Lesson
When you leave federal service before being eligible for retirement, what are the implications of taking a lump sum payment? This former Navy employee discovered the answer.
Court Upholds VA Restriction on Voter Registration at VA Medical Centers
The Federal Circuit Court of Appeals has ruled constitutional a regulation that led to the VA denying access to the Menlo Park, California facility for the purpose of registering veterans to vote.
A Positive Drug Test? What Should We Do Now?
When this Army facility conducted random drug tests, it apparently never had a positive result. When one showed up, there was some confusion and, eventually, the employee was fired. The MSPB upheld the removal but the Federal Circuit sent the case back to the Board noting that “all relevant email related to (this) case is beyond question.”
