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.

Problems Follow to New Job in Different State

This Social Security Administration employee encountered problems in her first job with the agency and resigned after one suspension and a proposed second suspension. She was hired in a different office in another state two years later. After the job became permanent, the agency sent her a proposed removal notice for a variety of charges. She went to federal court after losing before the MSPB.

Wilsons’ Lawsuit Against Cheney, Libby and Others Dismissed By Court

One fallout from the notorious “outing” of Valerie Plame Wilson as a CIA operative was a high-profile lawsuit brought by the Wilsons against “Scooter” Libbey, Vice President Cheney, and other Executive Branch officials in their personal capacity. The Wilsons wanted money damages to be paid by these officials personally for their alleged violations of the Wilsons’ First and Fifth Amendments rights under the Constitution. A federal district court has now dismissed the Wilsons’ case.

One Too Many Appeals

An employee of the Federal Aviation Administration who was subject to a reduction in force (RIF) filed an appeal with the MSPB. But he had already joined a class action lawsuit so the MSPB dismissed his appeal but his name was also withdrawn from the class action lawsuit as a result of a motion from his attorney. Left out despite the numerous initial options, he went to federal court to try for a more favorable outcome.

Supreme Court Rejects Lawsuit Against Individual Federal Employees

A rancher filed a lawsuit against employees of the Bureau of Land Management contending with numerous examples that he had suffered several years of harassment and intimidation because he would not grant an easement on his property. The court agreed with the government’s position that when the federal government is the “intended beneficiary of the allegedly extortionate acts,” then the act does not apply. The court concluded that the federal employees could not be sued individually for their campaign against the ownership rights of the rancher.

All Should Be Forgiven–I’m a Whistleblower!

A federal employee who is subject to discipline will sometimes argue that the discipline was in retaliation for whistleblowing activity and that the discipline should be overturned. In this Air Force case, an employee admitted manipulating a process to steer contracts to one company but says the disciplinary action was retaliation. The court doesn’t buy it and leaves the 30-day suspension in place.