Call It “Extreme” Jury Duty?
An appeals court has no problem with a federal employee volunteering for multiple years to serve on a local county court grand jury and requiring her agency employer to continue paying her full salary.
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.
Will an Agency Need a Crystal Ball In Order to Win a Removal Case in the Future?
The appeals court has sent an appeal back to the arbitrator with instructions to consider evidence that came up after the personnel action was taken in reaching his final decision on appropriateness of the removal penalty.
Fed Government Continues Sparring with Veterans in MSPB
The author says that the federal government continues to fumble with veteran’s preference matters as evidenced by some recent cases.
Court Orders a Do-Over In NLRB’s Certification of Union as Exclusive Representative
While not specifically involving the federal sector, a case involving an Atlantic City casino whose facts give rise to the court tossing it back to the NLRB to try again demonstrate that unions can in fact step over the line in organizing campaigns.
Supremes Curtail Avenues of Appeal for Fired Federal Employees
The Supreme Court has just issued a decision that heads off an end run around the Civil Service Reform Act’s employee appeals process. The court refuses to permit the district courts to supplant MSPB jurisdiction simply because the appeal is challenging the constitutionality of the law barring those who dodge selective service registration requirements from being employed by the federal government.
Federal Supervisor No Longer Faces Personal Liability for Separating Probationary Employee
The US Court of Appeals disagrees with the lower court’s refusal to dismiss a Bivens lawsuit filed personally against a supervisor by a fired Library of Congress probationary employee. The case has been remanded with instructions to dismiss.
MSPB Decision Quality Improves at Cost of Adjudication Timeliness
The MSPB is getting slower at delivering justice.
Must Prior Military Service Be Applied to Reduce a Federal Probationary Period?
In a recent decision the Federal Circuit refused to buy a probationary employee’s argument that he should receive credit for his military service against his probation requirement in determining whether he was covered by the statutory right to appeal his probationary separation to the Merit Systems Protection Board.
Threats Against Co-Workers Lead to Navy Employee’s Removal
A Navy employee is unable to get the court to overturn his removal for making threats against coworkers and dissing his supervisors.
Lack of Detail Leads to Denial of Survivor Annuity
Here is another recent case that establishes the critical importance of dotting every “i” and crossing every “t” if a retired federal employee intends to give a former spouse a survivor annuity.
