Court Cases

Federal Employee One of Four Charged in Insider Trading Scheme

By on May 26, 2017 in Court Cases with 0 Comments
Federal Employee One of Four Charged in Insider Trading Scheme

A federal employee with the Centers for Medicare and Medicaid Services is one of several individuals indicted for an insider trading scheme.

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Unprotected Whistleblowing Will Not Undo Removal of Federal Employee

By on May 25, 2017 in Court Cases with 0 Comments
Unprotected Whistleblowing Will Not Undo Removal of Federal Employee

A Department of Education employee removed for various misconduct reasons tried to thwart the agency’s action by pointing to his whistleblowing activity. Since he could not prove it was protected whistleblowing and the agency could prove it would fire him even if it had been, he lost out on his appeal.

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U.S. Supreme Court Decides Divorce Dispute Over Air Force Retirement Pay

By on May 20, 2017 in Court Cases with 0 Comments
U.S. Supreme Court Decides Divorce Dispute Over Air Force Retirement Pay

The U. S. Supreme Court slapped down a decision by the Arizona state courts that held the Uniformed Services Former Spouses’ Protection Act did not pre-empt the Arizona family court’s order requiring that a military retiree make up for a portion of his annuity lost by his ex-wife by operation of federal law.

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Appeals Court Rules on Former VA Director’s Termination

Appeals Court Rules on Former VA Director’s Termination

In an early test of the new law designed to make it easier to fire DVA senior executives and to streamline the appeals process, the appeals court has handed down a significant ruling that presents a mixed bag.

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Former IRS Revenue Officer Heading to Prison for Tax Evasion

By on May 10, 2017 in Court Cases with 0 Comments
Former IRS Revenue Officer Heading to Prison for Tax Evasion

A former IRS revenue officer has been sentenced to prison for tax evasion despite operating a business in which he helped clients deal with tax problems.

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Whistleblowing or Failure to Communicate Properly With Supervisors?

By on May 9, 2017 in Court Cases with 0 Comments
Whistleblowing or Failure to Communicate Properly With Supervisors?

Here’s a situation where a federal employee received a “counseling memo” following what he apparently considered as a whistleblowing complaint to his agency chain of command. He tried to challenge the informal discipline as retaliation for protected whistleblowing and eventually his case went to the federal appeals court.

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Does Illness Serve as a Qualification for Federal Disability Retirement?

By on April 27, 2017 in Court Cases, Retirement with 0 Comments
Does Illness Serve as a Qualification for Federal Disability Retirement?

To qualify for federal disability retirement, you must have become disabled while working in your position. The author looks at some cases as precedent for providing medical evidence to establish a connection between the illness and ability to perform your job.

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Justices Debate Federal Workers’ Rights in Gorsuch Debut

on April 18, 2017 in Court Cases with 0 Comments
Justice Neil Gorsuch was an active questioner in his first U.S. Supreme Court oral argument April 17, as the court considered federal employees’ judicial review options under the Civil Service Reform Act.

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Who Says You Cannot Fire a Federal Employee?

By on April 10, 2017 in Court Cases with 0 Comments
Who Says You Cannot Fire a Federal Employee?

When a deciding official cited an extraordinary lack of productivity in addition to the four reasons laid out in the notice of an employee’s proposed removal, the agency spent nine years cleaning up the mess and finally effecting and defending a removal action.

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Some of Eric Fanning’s Decisions Could Be Subject to Review, Thanks to Recent SCOTUS Ruling

By on April 5, 2017 in Court Cases with 0 Comments

A recent Supreme Court decision not only potentially has implications for the NLRB, but also the Army.

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