No Job, No Disability Retirement Either
A former federal employee said the VA did not live up to the agreement when OPM disapproved her application for disability retirement.
Author: Susan McGuire Smith
Court Wades into Labyrinth of Federal Employee Appeals
An Interior Department employee who helped write a new grievance procedure was removed by a reduction in force (RIF). He ignored the new procedure he helped write and convinced a federal appeals court he had the right to appeal the RIF to the MSPB even though the law authorizing the agency’s alternative personnel system took away this right.
Suit Against Federal Employee Decided by Supreme Court
It’s not often that a selection decision by a federal supervisor ends up before the US Supreme Court. In a new decision of the Court, a selection decision made by an official of the Forest Service ends up in a case involving the application of the Westfall Act–a law providing immunity for federal employees when acting in their official capacity.
You Owe Us $30,000–Were You Expecting A Paycheck?
A federal agency said it overpaid an employee by about $30,000 due to an error. It told the employee to pay up in 30 days or request a waiver. She requested the waiver but the agency starting taking the money from her check and did not respond to the waiver request. The employee went to court.
Contractor Employee Sues Federal Agency for Harassment–and May Win the Case
Can an employee of a contractor successfully sue a federal agency for sexual harassment. In this case, the court says a factual issue exists but there is enough evidence for this contractor employee to establish jurisdiction.
Arbitrator and Federal Court Uphold Removal
The Court of Appeals for the Federal Circuit has upheld the decision of an arbitrator finding that the firing of an employee at the National Personnel Records Center for poor performance was justified.
Federal Employee Not Always Protected by Uncle Sam
A federal employee is not always acting as an employee of the federal government. In this case, a court ruled that whether an agency employee was acting in an official capacity is an issue to be resolved by a jury.
18 Months in Prison for Making False Statements
An Air Force man thought the September 11 attacks were a “beautiful sight” and that the US deserved to be attacked. He ended up as a baggage screener with TSA but did not disclose his “near seditionist behavior” that led to an early discharge from the military. His appeal of his prison sentence is not convincing to a federal court.
Automatic Firing
The Internal Revenue Service does not play around with any employees who play games with their individual tax returns. The MSPB and a federal court recently upheld this theory as an IRS employee with improper deductions loses his appeals and his job.
Federal Circuit to the Rescue
A Postal Service employee gets a big win from the Federal Circuit Court of Appeals. He had a sleep disorder that led to excessive drowsiness and he was late to work frequently. He gets another shot at disability retirement as a result of a new court decision.
