Employee Using Government Material for Outside Employment Fired But Wins on Appeal
An Air Force employee who was fired for misuse of government resources has won his fight to keep his job.
Court Cases
Read summaries of court cases and decisions that impact federal employees and retirees.
Federal Circuit to MSPB: Take the Case
The Court of Appeals for the Federal Circuit has issued a precedential decision that overturns an MSPB ruling. The court found that an indefinite suspension issued as a result of criminal charges and the failure to restore a federal employee to duty following an acquittal were two different matters for appeal. The case was remanded back to the MSPB.
Probation, Performance Improvement Plan and Then Removal
A manager in the VA completed his probationary period but also put him on a performance plan (PIP) because of performance deficiency. The PIP was extended a couple more times but he was ultimately fired for poor performance. The case ultimately went to court for review but the former VA employee stays fired.
13 Years and Still Filing Appeals to Recover a Lost Federal Job
How many appeals from a federal employee are too many? When a decision starts out with the sentence such as “This is yet another chapter in the protracted saga of the [petitioner’s] unsuccessful attempt to require the United States Postal Service…to rehire him…” the limit may have been exceeded.
Involuntary Resignation? Unpleasant Choices Don’t Equal Involuntary Resignation
A federal attorney did not want to move to Arlington, VA from Texas so she resigned.
She then filed an appeal contending that the resignation was involuntary and was a constructive removal.
Federal Appeals Court Reverses NSPS Ruling
The Court of Appeals for the District of Columbia Circuit has just issued a decision that gives DoD approval to proceed with the new labor relations structure by overturning a ruling of a lower court.
Breach in the Settlement Agreement
The Postal Service reached a settlement with an employee being demoted. The former postmaster was to apply for disability retirement and the agency was to cooperate and facilitate his application. A federal court says the agency did not live up to its end of the bargain and send the case back to the MSPB.
“FedRent” Program Nabs SSA Employee
Most readers are probably not aware of the “FedRent” initiative but the program has snared an employee of SSA who has now been indicted for mail fraud by allegedly devising a plan to illegally receive funds from HUD.
Who Will Get the Retirement Annuity?
What will happen to a federal employee’s annuity in the event of a divorce? The answer is not always clear–even after a decision from OPM and the MSPB as demonstrated by this case.
Cash Advances and Government Travel Card Lead to Suspension
The Board continues to be divided on the issue of government travel cards and disciplinary action. In a case involving allegations of misuse of a government travel, a majority concludes (with three written opinions) that some of the charges were not justified but that a suspension of the employee is appropriate.
