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.

Marriage, Death and Your Survivor Annuity

A federal employee who died was divorced in 1988 but never filed a form to remove his former wife as his designated beneficiary. What impact does that have on his ex-wife whom he had divorced almost 20 years ago? Where financial impact does it have on his new wife? As this case shows, actions you take (or do not take) have an impact on those you leave behind.

Using Taxpayer Records for Personal Reasons Leads to Removal

An agency has a core mission. An employee’s action in one agency may be a relatively minor problem; in another agency it may be a firing offense. The Internal Revenue Service has strict rules about accessing taxpayer records–presumably because taxpayer records are related to its core mission. When this IRS employee accessed these records for personal reasons, she was fired despite her contention a medical condition was the basis for the problem.

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.