Disrespect for WWII Vet Leads to Firing
A VA employee is fired for verbal and physical abuse toward an elderly patient.
Court Cases
Read summaries of court cases and decisions that impact federal employees and retirees.
Situational Disability in a Federal Disability Retirement Application
A lesser-known basis for a denial of a Federal Disability Retirement application is what is called “situational disability.” The author explains what this means and why most situational disability cases are failed applications at the outset as well as how to avoid them.
Family Medical Leave Act: Update on Intermittent Leave
Managing leave and attendance problems has always been challenging for supervisors, and with reductions in federal spending, the author says they are being challenged now more than ever. He outlines some basic principles managers should know when addressing leave and attendance issues.
Integrity Issues Lead to a Suspension That Leads to a Five-Grade Demotion
The first time around the agency mitigated a proposed removal to a 2-week suspension. This time it mitigated a proposed removal to a demotion. The employee unsuccessfully argued double punishment, but the MSPB and the appeals court say “not.”
Win the War But Not the Battle
A Customs employee took his removal to arbitration and got it mitigated to a reprimand. The arbitrator refused, however, to grant attorney fees and the appeals court has now upheld that refusal.
2013: An Interesting Year for Federal Cases
Since the FLRA was inoperative for most of 2013, the most significant cases the MPSB and the Federal Courts.
Two Wives, One Husband: Who Gets the Survivor’s Annuity?
One can almost detect the appeals court’s exasperation with the Merit Systems Protection Board and the Office of Personnel Management as it sorts out this tangled mess involving one deceased Forest Service employee, two surviving spouses, lengthy state court litigation, and an effort by OPM to make one of the women reimburse annuity payments she received erroneously-even though she had already paid them over to the other spouse.
EEOC Meets English Common Law
The author analyzes a recent case involving the EEOC which is being hailed as an important decision against what he calls “over-zealous prosecution by government entities.” He says it is evidence that adoption of a legal system under which the losing party pays the other party’s legal fees would be beneficial.
MSPB Orders USPS to Reinstate Green Beret Removed in 2000
A decision from the MSPB may result in an award of as much as two million dollars in back pay, benefits, attorney fees, and retirement enhancements.
A Resignation Is a Resignation
An employee scored a big settlement with the IRS but tried unsuccessfully to challenge the agreement’s requirement that she resign by a date certain. Her play to set the resignation aside as involuntary did not get far.
