Read summaries of court cases and decisions that impact federal employees and retirees.
A federal employee who lost her security clearance was reassigned and subsequently issued an indefinite suspension because she was no longer qualified for her regular position. The employee argued the agency took too long to take action but a federal court does not agree.
It’s not a good day at an appellate agency when a court writes: “We explain these reasons in some detail in hopes that the MSPB and litigants before the MSPB will better understand the applicable law.” The court upheld the firing of a former Secret Service agent for not having the required security clearance.
Any active or retired federal employee who took military leave for reserve activities may get extra money.
Deep Throat was an anonymous source for information given to the Washington Post about former President Richard Nixon. Deep Throat was an anonymous federal employee with inside information. The saga continues with disputes about the large amount of money that may be reaped from the story.
A federal employee can sometimes challenge a disciplinary or adverse action through arbitration instead of going to MSPB. That happened in this case and the employee was apparently disappointed when the arbitrator upheld his removal for inappropriate conduct. The employee then went to court to try and get the arbitration decision tossed out but the court found that a table of penalties is a guide and not binding on the agency and he remains fired.
An Air Force employee who was fired for misuse of government resources has won his fight to keep his job.
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.
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.
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.
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.
