‘Lack of Candor’ Provides Basis for Firing
Were this employee’s actions “lack of candor” or “falsification”? The employee sees a difference; the court does not so this DHS employee’s appeal fails.
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.
When is “Removal” A Reasonable Penalty?
What will a court and the Merit Systems Protection Board consider in determing whether the firing of a federal employee is reasonable? This employee of the VA tested the system and found her firing upheld as a reasonable penalty under the circumstances.
Small Gain Could Result in Long Prison Sentence
Indictment of federal employee for selling government property could result in prison and fines.
Firing A Probationary Employee is Easy–If The Employee is Really Probationary
When does an employee have to serve a new probationary period? In this case, the court told the MSPB to take a closer look at the case of an air marshal who previously worked for the Immigration Service in a job with some similarities.
Give Me One More Last Chance (Before You Say We’re Through!)
A federal employee charged with using abusive and obscene language signed a last chance agreement. When he didn’t show up for work, the agency reinstated the removal action and a court finds that he had waived his right of appeal.
Agency Officials Can Protest Contracting Decisions
Changes to the procedures for allowing protests to a decision for contracting government work could lead to an interesting situation. An agency offical can protest his own agency’s decision.
Beware of the Fine Print
A former federal employee may have inadvertently waived his prior agreement with an agency not to release information about his previous government employment. The fine print on the government application form authorized the release of information and it cost him a new job with Uncle Sam.
Christmas v. Department of Education
Can a federal employee avoid time limits by dodging receipt of a final agency decision or other significant documents?
Will Oral Settlement Agreement Hold Up?
Is an oral agreement to settle a case sufficient or does it have to be signed by all parties? A recent court decision provides the answer.
Firing a Government ‘Volunteer’ Isn’t Easy
The process for firing a federal employee is not quick or easy. The separation of a “volunteer” may not be quick or easy either.
