Court to MSPB: Prematurely Weighing Evidence Can Be Dangerous

A GSA employee convinces a federal court that being barred from the workplace was a constructive suspension and the court told the MSPB that the employee deserved a hearing. “The danger of prematurely weighing evidence is illustrated here by the strength lent to (the employee’s) allegation by new evidence that he discovered through a Freedom of Information Act request.”

Watching TV, Going to Class, Lifting Weights: All Part of the Workday

A federal court found a problem with an agency’s deciding official talking with other managers about their views of an employee who had received a removal notice. And, while the employee being fired apparently liked to watch “Oprah” on her computer, the court suggested the MSPB review the record showing that other federal employees also watched television in the office during the workday.