Read summaries of court cases and decisions that impact federal employees and retirees.
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.
An employee supported by AFGE tried to expand the emergency crime provision by arguing that in addition to giving him thirty-days notice of its proposed action, the agency also was required to determine that there was reasonable cause to believe he had committed a crime. The court did not agree.
A Customs and Border Protection Officer who has been on the city council for a Texas town was told by the agency to resign his seat because of an apparent conflict of interest. The employee went to court and district court has issued a preliminary injunction in his favor.
A federal employee who owed more than $50,000 was fired by the Army. One Board member did not think this was a serious problem under the circumstances and would give him another chance. Unfortunately for the employee, the other two members did not see the case in the same way.
How much information is enough to meet the due process requirement when taking an adverse action against a federal employee based on the suspension of the clearance? A new decision may create problems for agencies–and a possible trip to the US Supreme Court before the issue is finalized.
The author explains how a small federal agency decided to take a stand to ensure that its regulations were not modified through the collective bargaining process and suggests that other agencies that issue government wide regulations should take similar action.
An employee being fired for submitting false information apparently sent in more false information when responding to the proposed removal.
An Air Force man thought the September 11 attacks were a “beautiful sight” and that the US deserved to be attacked. He ended up as a baggage screener with TSA but did not disclose his “near seditionist behavior” that led to an early discharge from the military. His appeal of his prison sentence is not convincing to a federal court.
Continuing to receive worker’s compensation benefits after returning to work with an agency can lead to removal from federal employment.
Divorce can be expensive. This retired federal employee not only gave part of his annuity to his former wife, he also got notified by OPM that he had not been paying enough and that he also owed her more than $24,000 in additional money.
