A former federal employee who was fired by the Air Force and went through an appeal with the MSPB applied for a job with the IRS and started work there. OPM discovered his removal and told the IRS to remove him. The errant former fed contended he did not realize he had been fired from the Air Force job.
Disrespectful conduct or retaliation for a whistleblower complaint? The VA suspended an employee for one day for an incident in November 2005. The case eventually went to court and the suspension stands.
A former Air Force pediatrician, investigated for his receipt of films “directed at adolescent activities and older men with younger boys”, has failed in his bid to get a federal court to order the military to alter his military records.
When the former wife of a retired federal employee was given 53% of his monthly annuity payment, the retired fed was unhappy with OPM so he appealed to MSPB and then to a federal court. After all the litigation: the federal retiree gets less than his former wife.
An investigator with Homeland Security would not sign a medical release form as part of a fitness-for-duty exam. He was fired for refusing to obey a direct order and took his case to the MSPB and then to court.
A federal appeals court finds that the MSPB should have accepted an appeal that was filed 60 days late. The court found several reasons for ignoring the time limits including the fact that the employee did not have an attorney, English was not his first language, and his age.
An employee of the Internal Revenue Service was fired for three years of questionable tax returns. She tried to convince the agency and third parties the problem was with her tax preparer. A federal court was not convinced and the errant IRS employee remains off the agency’s payroll.
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.”
