A VA employee who was placed on a performance improvement plan and given a notice of proposed removal for unacceptable performance was offered a transfer. The employee went to the MSPB and then to court arguing that the transfer was involuntary.
The Court of Appeals for the Federal Circuit has issued a precedential decision that overturns an MSPB ruling. The court found that an indefinite suspension issued as a result of criminal charges and the failure to restore a federal employee to duty following an acquittal were two different matters for appeal. The case was remanded back to the MSPB.
An Air Force employee who was transferred and then did not receive an upgrade because of poor performance decided to retire before his performance improvement plan was up. After he retired, he argued his retirement was involuntary and his case eventually went into federal court.
A manager in the VA completed his probationary period but also put him on a performance plan (PIP) because of performance deficiency. The PIP was extended a couple more times but he was ultimately fired for poor performance. The case ultimately went to court for review but the former VA employee stays fired.
How many appeals from a federal employee are too many? When a decision starts out with the sentence such as “This is yet another chapter in the protracted saga of the [petitioner’s] unsuccessful attempt to require the United States Postal Service…to rehire him…” the limit may have been exceeded.
A federal attorney did not want to move to Arlington, VA from Texas so she resigned.
She then filed an appeal contending that the resignation was involuntary and was a constructive removal.
The Postal Service reached a settlement with an employee being demoted. The former postmaster was to apply for disability retirement and the agency was to cooperate and facilitate his application. A federal court says the agency did not live up to its end of the bargain and send the case back to the MSPB.
Most people want a promotion–including military officers. This Naval officer went to court to get a promotion but the Navy gets the case thrown out on summary judgment.
A Bureau of Prisons senior officer specialist was deployed to Iraq after his Marine Corps unit was activated. He was court-martialed for dereliction of duty and assault as a result of his interaction with Iraqi prisoners. After he returned to work, the agency removed him and the case went to court.
A patent examiner has lost in her bid to persuade the MSPB and a federal court that her resignation was involuntary. The issue is not the employee’s subjective beliefs but whether a reasonable person would have felt compelled to resign.
