Read summaries of court cases and decisions that impact federal employees and retirees.
The Federal Circuit Court of Appeals has ruled constitutional a regulation that led to the VA denying access to the Menlo Park, California facility for the purpose of registering veterans to vote.
When this Army facility conducted random drug tests, it apparently never had a positive result. When one showed up, there was some confusion and, eventually, the employee was fired. The MSPB upheld the removal but the Federal Circuit sent the case back to the Board noting that “all relevant email related to (this) case is beyond question.”
Congress has sometimes been referred to as “the last plantation.” But changes have come to the legislative branch–they just don’t happen very fast. In this case, a former Senate staffer claims he was terminated because he needed time off to recover from surgery and that he was “perceived as disabled.” But does the law apply when a Senator decides not to run for re-election? A court says that it does.
A security guard was fired for assaulting a co-worker despite the fact it exceeded the agency’s table of penalties. The MSPB upheld the removal and that has now been affirmed by a federal court.
A federal employee fired for making false travel voucher claims was convicted in court and fired by HUD back in 2001. He filed various appeals and had some success but he has not gotten his job back. Six years after his removal, the appeals may be approaching the end of the line.
After a background investigation turned up “issues” for a person tentatively offered a job with the IRS, the agency put the job offer on hold. It subsequently did not fill the job. A court upholds the agencies action.
An applicant for a federal job with the Bureau of Prisons (BOP) had been barred from federal employment because of a negative suitability determination by OPM. She appealed the disbarment to MSPB and signed a settlement agreement. When she did not get selected by BOP she filed a petition to get the MSPB to enforce the settlement agreement. She lost there and then went to federal court where the court agreed that she was trying to add provisions into the settlement agreement that OPM had not been willing to previously accept.
A federal employee won $40,000 in her discrimination complaint. She wasn’t happy with that result and went to court. She lost and was ordered to pay back the $40,000.
Several anonymous employees of the Social Security Administration sought to get more comp time from the agency by going to court. Their argument: We should get 1.5 hours of comp time for each hour worked just as we get 1.5 hours of overtime for each hour worked. The court disagrees.
This fired Postal Worker appealed to the MSPB and argued that he did not start the fight which led to his removal, did not cause severe bodily injury as alleged by the agency, and he had acted in self defense. He also argued removal was too severe because he had 20 years of federal service. The Court didn’t buy the argument.
