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.

Change Comes Slowly for Congressional Staffers–But This Staffer Can Claim a Court Victory

Congress has sometimes been referred to as “the last plantation.” But changes have come to the legislative branch–they just don’t happen very fast. In this case, a former Senate staffer claims he was terminated because he needed time off to recover from surgery and that he was “perceived as disabled.” But does the law apply when a Senator decides not to run for re-election? A court says that it does.

If at First You Don’t Succeed…Keep on Appealing

An applicant for a federal job with the Bureau of Prisons (BOP) had been barred from federal employment because of a negative suitability determination by OPM. She appealed the disbarment to MSPB and signed a settlement agreement. When she did not get selected by BOP she filed a petition to get the MSPB to enforce the settlement agreement. She lost there and then went to federal court where the court agreed that she was trying to add provisions into the settlement agreement that OPM had not been willing to previously accept.

Settlement Agreement Spawns New Round of Appeals

When a union representative signed a settlement agreement on behalf of an employee it was representing back in 2000, the agreement was not to litigate the issue further. The Postal Service probably thought the case was over. But the union then went to arbitration anyway, the employee went to the MSPB and then to federal court arguing that because he had not personally signed the agreement, it was invalid. Seven years later, the issue may now be resolved.