A federal employee who lost her security clearance was reassigned and subsequently issued an indefinite suspension because she was no longer qualified for her regular position. The employee argued the agency took too long to take action but a federal court does not agree.
It’s not a good day at an appellate agency when a court writes: “We explain these reasons in some detail in hopes that the MSPB and litigants before the MSPB will better understand the applicable law.” The court upheld the firing of a former Secret Service agent for not having the required security clearance.
Two new cases issued this week address the topic of military leave used by federal employees for reserve activities. The second case that was just issued provides guidance for agencies on the subject of improper leave for military activities. “[A] veteran is legally entitled to monetary compensation or its equivalent only where he demonstrates actual harm.” Also, “agencies may resolve claims by providing more compensation than an individual has been able to prove.”
Any current or retired federal employee who took military leave for reserve activity will want to read this case summary as it could mean a big payment for some people. An appeals court has sent a case back to the MSPB granting discovery for a reservist to prove his claim for pay going back to 1980.
An employee who spent about 13 minutes an hour on the phone (623 calls in one 47 hour period) found himself reprimanded, suspended and then fired. He claimed the agency lied and that he should not be fired because he had been a federal employee for a long time.
Deep Throat was an anonymous source for information given to the Washington Post about former President Richard Nixon. Deep Throat was an anonymous federal employee with inside information. The saga continues with disputes about the large amount of money that may be reaped from the story.
A federal employee can sometimes challenge a disciplinary or adverse action through arbitration instead of going to MSPB. That happened in this case and the employee was apparently disappointed when the arbitrator upheld his removal for inappropriate conduct. The employee then went to court to try and get the arbitration decision tossed out but the court found that a table of penalties is a guide and not binding on the agency and he remains fired.
A former SES employee who was reassigned to a GS-15 job resigned and then argued he was constructively removed because of sex discrimination and intolerable working conditions. He went to federal court to argue his case but did not make a convincing case.
An FBI raid on the office of Congressman William Jefferson led to a court case. The FBI was investigating allegation of bribery. The court held that some items should be returned to the Congressman.
A Park Police Officer stopped and arrested a man for violating the Washington, DC dog leash law and for assault on a police officer and the dog walker spent the night in a DC jail. The dog walker sued the federal employee in her personal capacity and the case went to federal court.
