Threat To Kill Supervisor Leads to Firing of Whistleblowing Controller
An air traffic controller became angry in a meeting and threatened to kill one of his supervisors with whom he had a history of conflict. The MSPB upheld the removal.
Court Cases
Read summaries of court cases and decisions that impact federal employees and retirees.
Those Pesky Background Checks Can Lead to Removal
Can an employee fired during a probationary period file an appeal with the MSPB if she is fired as a result of information uncovered during a background check? The MSPB said “no” and this case involving an IRS employee went to federal court.
Brandishing Gun to Students Leads to Removal–and Then to Federal Court
After boarding a school bus over the driver’s objections to confront students who hit him with an object from the bus, and then brandishing a gun for the students to see, a training tech at an Air Force base was fired. He went to federal court to try to get his job back.
Preferential Treatment of Contractors Based on Race Rejected by Appeals Court
When the Air Force awarded a contract to a business owned by an Asian-American under a “set aside” for businesses owned by minorities, a lawsuit was filed. An appeals court has remanded the case as Congress did not have a “strong basis in evidence” to conclude that “race-conscious remedial measures were necessary.
Did I Mention Those Prior Disciplinary Actions?
A federal employee did not mention a previous job “due to an oversight” although, while in the previous job, he apparently received counseling letters, reprimands, suspensions and put on a temporary probationary status. He was fired by an agency and appealed where his case went into federal court for resolution.
“Flirtatious” Behavior and a Last Chance Agreement Lead to Removal
An employee of the Dept. of Veterans Affairs signed a “last chance” agreement and waived his appeal rights in order to be reinstated as a federal employee with the agency after having been charged with using government computers for sending “obscene material.” The agency invoked the agreement several months later and fired him and another federal employee case headed to the courts.
Destroying a Federal Career for $96
How much is your career as a federal employee worth? A Senior Border Patrol Agent was fired for shoplifting about $96 worth of goods.
Is a 342-Day Federal Employee Suspension Too Long?
A federal court concludes that a decision resulting in the 342 suspension of an employee in the Social Security Administration was arbitrary because it was based solely on a “time served” suspension without logical deliberation on the length of the suspension.
‘Litigation as a Form of Costless Entertainment’
The Court of Appeals for the DC Circuit has run out of patience with a frequent litigant. In a case involving the Social Security Administration, the court revoked this plaintiff’s privilege of filing without paying filing fees and dismissed his 44 pending cases.
Crying Poverty Leads to Dismissal of Employee Complaint
An employee at the Department of Education said she could not afford a legal filing fee of $250. She avoided the filing fee based on her representation of not having any substantial assets. The judge was unhappy when, according to the court, she underestimated her assets by more than $562,000. Case dismissed.
