This federal employee went from getting good ratings to being terminated during his probationary period after he became involved in internal office politics. But, despite being a probationary employee, he will get his day in court after filing a complaint that he was fired for engaging in protected EEO activity.
The former Medical Director of the VA Nuclear Medicine Section in Columbia, Missouri, persuaded the federal appeals court that he was the subject of retaliation for protected whistleblowing.
After the Dept. of Veterans Affairs determined that no discipline was warranted against one of its executives, the irritated exec went to court to get the agency reports deleted or corrected. A district court granted summary judgment for the agency but an appeals court sent it back for further review.
How much accommodation is necessary for an agency to comply with the Rehabilitation Act? In this case, the court found that the Postal Service did not unlawfully discriminate when it placed an employee on sick leave and a court granted summary judgment for the agency.
A carpenter with the Army said he was promised by his supervisor that if he would help him with personal home improvement projects, he would promote the carpenter. When he was not promoted, the carpenter filed a complaint under the Whistleblower Protection Act but he loses before the MSPB and a federal court.
A VA staff nurse was fired. The nurse had been a local union president and claimed she was fired for being a whistleblower. A federal court concluded she was fired for not being able to perform her job and her removal was upheld by the MSPB and a court.
Federal employment cases are complex. This one has been going on since 1995. It isn’t over yet. A federal court has remanded the case back to the MSPB to gather more evidence regarding reasonable accommodation and the removal of a welder by the Department of the Army.
A prison manager who failed to report his arrest was fired for several offenses and the MSPB and a federal court find the removal justified.
A magistrate for the US District Court of DC has recommended dismissal of a lawsuit filed against the Special Counsel.
It took four years, but the various appeals by a probationary employee who worked for the Department of Labor may be over–four years after he was separated during his probationary period.
