Practice Makes Perfect
This is yet another case where a retired employee’s failure to designate his wife-in this case his fifth-to receive a survivor’s annuity means she gets nothing.
Court Cases
Stay informed with the latest court cases affecting federal employees and retirees, including major federal employment law decisions, appeals, and rulings from MSPB, FLRA, EEOC, and federal courts. This category covers workplace rights, disciplinary actions, due process cases, retirement‑related rulings, TSP‑related litigation, and significant legal decisions impacting federal agencies and the federal workforce. Find clear summaries and analysis of the court outcomes shaping federal employment protections, benefits, and workplace policies.
Homicide, Suicide and A Federal Retirement Payment
A retired federal employee killed his wife. Should the sons of the former federal employee receive the lump-sum payment from his annuity or should the son of the retired federal employee’s wife receive the money? The MSPB decides.
FLRA Member Pizzella on Excessive Interference and Abrogation
In a negotiability case involving SSA and AFGE, FLRA Member Pizzella reminded the other members of a recent court ruling reversing a decision and taking those members to task for a theory that the court concluded ended up with two separate results on the same issue depending on which process it arose in. Member Pizzella’s opinion is quoted verbatim in the article and the author suggests it’s worth a read by practitioners.
Breach of Settlement Agreement May Lead to Monetary Damage Award
The Merit Systems Protection Board is not the only forum to challenge OPM’s breach of its settlement agreement with a fired employee. He now gets his day in the claims court to seek monetary damages according to the appeals court.
Supreme Court Backs Federal Circuit Over MSPB on Position Sensitivity Cases
In denying a hearing on the matter (certiorari), the Supreme Court backed the Federal Circuit in setting limits on the MSPB’s jurisdiction to hear appeals of removals or other actions taken by an Agency when an employee loses the ability to hold a “sensitive” government job. As the author points out, many more Federal employees hold positions with a sensitive rating than do those with security clearances.
What Does the Merit Systems Protection Board Have in Common with Federal Health Care Enrollment?
A balky website for filing appeals with the MSPB is turned aside as an excuse for missing the filing deadline by both the Board and the appeals court. The employee is therefore out of luck in trying to challenge her removal.
Managing Leave and Attendance Problems
Leave abuse and attendance problems can harm an organization. The author says that these problems mostly lie with management and offers some suggestions for how to deal with the problem. He also analyzes the history of some related MSPB cases for precedent on leave issues.
Fat Shaming Is Inappropriate in the Federal Workplace, Sometimes Harassment
The author says it is becoming increasingly dangerous to criticize people’s weight. He says federal employees need to consider at what point it becomes unlawful harassment or retaliation when they encounter it in the workplace.
Disrespect for WWII Vet Leads to Firing
A VA employee is fired for verbal and physical abuse toward an elderly patient.
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.
