All in the Family
This federal employee’s disciplinary case involved a charge of nepotism, a violation that one does not encounter every day in the federal workplace.
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.
Failure to Disclose Conviction Leads to Removal Without Appeal
A probationary employee failed to disclose on his application for a supervisory EO Specialist position with the Department of Labor that he had previously been convicted of a crime. The agency ran a background check and discovered otherwise.
Would You Believe the Cookies Were Laced?
A Bureau of Prisons correctional officer in Atlanta, fired for failing a random drug test, was unsuccessful in his defense that the Thanksgiving cookies were laced with marijuana without his knowledge.
Possession With Intent to Distribute Cocaine Leads to Suspension
A housekeeping aid at a VA medical center was indefinitely suspended following his indictment on four counts, including possession with intent to distribute cocaine.
D.C. Circuit Slams FLRA on Permitting Violations of Appropriation Law
In a very recent case before the DC Circuit, the court slammed the Federal Labor Relations Authority again for interpreting law other than its own. In what appears a sweeping decision that may reverse the effect of many years of FLRA Negotiability determinations, the Court found that absent specific appropriations language, an Agency would violate the legal prohibition against use of appropriated funds for employees’ personal expenses. Pay attention to this decision.
Employee Claims He ‘Previously Worked as a Psychic’
In Kennington v. Merit Systems Protection Board, CAFC No. 2011-3192 (nonprecedential), 12/13/11, the court recounts what many would view as odd behavior, including claims from the employee that he “previously worked as a psychic” and “could communicate with angels, God, and Jesus.”
Striving for 85% Accuracy
Is a performance standard reasonable where it requires that a Veterans Affairs rating specialist achieve at least 85 percent accuracy? In Fisher v. Department of Veterans Affairs (C.A.F.C. No. 2011-3046 (nonprecedential), 11/14/11), the appeals court agrees with the arbitrator who ruled that it was a reasonable standard.
Agencies Drag Feet in Providing Reasonable Accommodations for Fed Employees
Carol Brown’s case is not precedential, but it raises many of the disability discrimination issues federal employees commonly raise.
Locker Room Behavior — Pants Dropping, Sex Banter — Merits Demotion
The U.S. Court of Appeals for the Federal Circuit recently ruled the U.S. Postal Service was justified in demoting a supervisor to a non-managerial position after he consistently made inappropriate comments and, at one point, dropped his pants at work.
Removal for Hefty Award Check from Outside Organization Hits A Snag
An Interior Department economist was bestowed with a $383,600 award by a group the employee assisted in bringing a successful false claims action involving underpayment by oil companies. The employee was fired. Here is the most recent appeals court decision. It isn’t over yet.
