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.
Taping a cell phone call can lead to interesting consequences. In this case, a couple taped a call made on a cell phone from an Ohio Congressman. Another Congressman released the contents of the tape to the media. The Ohio Congressman has now been awarded $60,000 in damages and fees from the Congressman who released the tape to the New York Times and the Atlanta Journal-Constitution.
There is a process for a federal employee to use when injured on the job. What happens with the “federal employee” in question is a Member of Congress. One Congressman wanted to be treated differently and went to court to avoid waiting in line.
