Job Performance, Medical Problems, Accommodation and Removal Actions
While the Air Force tolerated (an employee) continuing in his job “despite his inability to perform his full duties, the Air Force was not required to do so indefinitely.”
Court Cases
Stay informed with the latest court cases affecting federal employees and retirees, including major federal employment law decisions, appeals, and rulings from MSPB, FLRA, EEOC, and federal courts. This category covers workplace rights, disciplinary actions, due process cases, retirement‑related rulings, TSP‑related litigation, and significant legal decisions impacting federal agencies and the federal workforce. Find clear summaries and analysis of the court outcomes shaping federal employment protections, benefits, and workplace policies.
If I Had Known They Could Fire Me, I Would Not Have Done It
In addition to the typical defense that he was fired because he was a “whistleblower”, this Air Force employee argued that his “employment contract” with the government did not outline the standard of review for indefinite suspensions. Fortunately for agencies, the court held that an agency is not required prior to hiring a new employee “to provide…all the case law that may become relevant….”
26 Years of Federal Service + Disrespectful Conduct = Removal
A firefighter at a Naval Air Station had 26 years of federal service. He had a big problem with duty assignments and complained at length in a “loud and abrasive” manner. He got fired and then contended the removal was based on retaliation for being a whistleblower. It didn’t work and a court upholds the removal.
Atmosphere Like a Popular Sitcom But Case Dismissed by Court
For a harassment claim to succeed, among other things the plaintiff has to show that her employer knew (or should have known) about the harassment and did nothing to stop it. In this case, the atmosphere in the federal group sounded like a script from a popular sitcom. But the employee waited several months to complain. The end result was a summary judgment decision for the agency.
First Offense: Lying, Disgraceful Conduct and Making False Statements
An Army EEO manager was erroneously issued a travel check and told not to cash it. But she cashed it and told the agency she had not received it. The official was fired and argued on appeal that it was her first offense so she should be able to keep her federal job. The court didn’t buy the argument.
How Was I To Know They Fired Me the First Time?
A former federal employee who was fired by the Air Force and went through an appeal with the MSPB applied for a job with the IRS and started work there. OPM discovered his removal and told the IRS to remove him. The errant former fed contended he did not realize he had been fired from the Air Force job.
Who Said Divorce Would be Cheap (or Fair)?
When the former wife of a retired federal employee was given 53% of his monthly annuity payment, the retired fed was unhappy with OPM so he appealed to MSPB and then to a federal court. After all the litigation: the federal retiree gets less than his former wife.
IRS Takes Hard Line on Employee Tax Returns
An employee of the Internal Revenue Service was fired for three years of questionable tax returns. She tried to convince the agency and third parties the problem was with her tax preparer. A federal court was not convinced and the errant IRS employee remains off the agency’s payroll.
No Security Clearance May Equal No Job
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.
Missing a Required Security Clearance Is Valid Basis for Removal
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.
