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MSPB

Stay informed on news and decisions from the Merit Systems Protection Board (MSPB), including federal employee appeals, adverse actions, disciplinary cases, and key rulings that shape federal employment law. Explore analysis of MSPB precedents, agency operations, back‑pay decisions, whistleblower protections, and policy changes affecting employee rights and due‑process procedures. Find clear explanations and timely updates to help federal employees, supervisors, and HR professionals understand how MSPB actions influence workplace rules and federal workforce accountability.

Retire or Be Fired – A Tough Choice But Not Coercion

FedSmith.com author Susan McGuire SmithBy Susan McGuire SmithNov 17, 2020 10:47 AM Categories Court Cases Leave a comment
Wooden judge's gavel on a desk next to a justice scale

A 33-year Army employee who elected to retire rather than be removed for unacceptable performance sought reinstatement by arguing he was coerced into retiring.

Is it Too Hard to Fire Federal Employees?

FedSmith.com author Joe SwerdzewskiBy Joe SwerdzewskiNov 3, 2020 9:26 AM Categories Human Resources Leave a comment

The author weighs the arguments on both sides of the debate over whether it should be easier to fire federal employees.

The MSPB Empowerment Act of 2020 and the Possible Effects on Federal Employees Waiting on Appeals

FedSmith.com author Mathew B. Tully, Esq.By Mathew B. Tully, Esq.Oct 15, 2020 11:17 AM | Updated: Oct 18, 2020 10:39 AM Categories Human Resources Leave a comment
Judge/lawyer sitting at a desk writing with a gavel pictured in the foreground and law books in the background

Recently introduced legislation has some provisions that could benefit federal employee whistleblowers.

The MSPB Empowerment Act of 2020 and the Possible Effects on Federal Employees Bringing Appeals

FedSmith.com author Mathew B. Tully, Esq.By Mathew B. Tully, Esq.Oct 6, 2020 9:33 AM Categories Human Resources Leave a comment
Wooden judge's gavel on a desk in the foreground with a notebook and justice scales pictured in the background

Legislation introduced in the House would reauthorize the MSPB’s board, but would it help with the case backlog?

Lack of Candor Leads to HR Supervisor’s Removal at DHS

FedSmith.com author Susan McGuire SmithBy Susan McGuire SmithSep 9, 2020 3:08 PM Categories Court Cases Leave a comment
Judge's gavel on a desk in the foreground with a lawyer pictured reading a document in the background

DHS removed a relatively new employee for lack of candor in filling out his security background investigation questionnaire.

Illegal Civil Service Appointment Leads to Employee’s Removal

FedSmith.com author Susan McGuire SmithBy Susan McGuire SmithAug 31, 2020 7:22 AM Categories Court Cases Leave a comment
Wooden judge's gavel on a desk next to an open book and a stack of law books with glasses on top of them

Favoritism in the selection process for a HUD field office director eventually resulted in removal to “regularize” his illegal appointment.

Third Party Watch Dog Group Lacks Standing in Bid to Force Prosecution of Hatch Act Violations

FedSmith.com author Susan McGuire SmithBy Susan McGuire SmithAug 24, 2020 8:19 AM Categories Court Cases Leave a comment
Wooden judge's gavel with law books pictured in the background

A federal district court has turned aside efforts by a watch dog group to force OSC to prosecute violations of the Hatch Act by a White House official.

“Please Sir, I Want Some More”

FedSmith.com author Susan McGuire SmithBy Susan McGuire SmithAug 4, 2020 9:32 AM Categories Court Cases Leave a comment
Judge tapping his wooden gavel on its wooden base over a scattering of cash depicting a lawsuit for damages/compensation

A VA whistleblower challenged a reprimand as retaliatory. The MSPB awarded some damages but drew the line when he asked to be compensated for loss of incentive pay.

Agency Decision to Revoke Tentative Job Offer Not Appealable

FedSmith.com author Susan McGuire SmithBy Susan McGuire SmithJul 16, 2020 11:15 AM Categories Court Cases Leave a comment
Close up of a person's hand holding a pen filling out a form labeled 'background check' with 6 checkboxes on it

Does the MSPB have jurisdiction over an appeal from an applicant who was made a “tentative” job offer that was revoked by the agency because of a background check?

Union-Filed Grievance Preempts Employee Appeal

FedSmith.com author Susan McGuire SmithBy Susan McGuire SmithJun 9, 2020 2:38 PM Categories Court Cases Leave a comment
Wooden judge's gavel on a wood desk surface

A federal employee removed by his agency tried to file an appeal with the Merit Systems Protection Board only to find the Board had no jurisdiction in the case.

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