Is That a Knife or a “Utility Utensil?”
A VA Medical Center employee was fired for, among other charges, brandishing a knife, but he argued it was a “utility utensil.”
Author: Susan McGuire Smith
Almost Meeting the Requirements for a Survivor Annuity Isn’t Good Enough
The widow of a federal employee who missed having 10 years of creditable federal service by thirteen days, has now lost before the appeals court on her bid for a survivor annuity benefit under FERS.
Demotion of 28-Year Employee Upheld in Court
An appeals court has let stand the demotion of a Postmaster to a Supervisor in the Sacramento District of the US Postal Service.
Mitigation or Demotion for this Postal Supervisor?
A post office Supervisor who was demoted to Clerk based on unsatisfactory performance failed to convince the appeals court to mitigate the penalty to a suspension.
HHS Ordered to Compute Back Pay and Benefits After Violating Veterans Act
HHS was ordered to hire a veteran and to compute back pay where the agency conceded that it would have selected a veteran had it not made an error in removing his name from the list of candidates for a competitive service position.
Electing a Survivor Annuity: Follow Legal Requirements or Lose the Benefit
A surviving widow of a retired federal employee tried without success to convince OPM, the MSPB and the appeals court that her deceased husband had provided her a survivor’s annuity.
17-Year Employee Fired for Actions During Internal Affairs Investigation
An employee fired after 17 years of federal service argued he was acting in his role as a union official and not as an agency official when being interviewed by the agency’s Office of Internal Affairs. Two specifications supporting one charge of conduct unbecoming were found to be enough to uphold his removal.
Disparate Treatment, Federal Taxes and “Conduct Unbecoming of a Federal Employee”
A mailroom worker for SSA got caught up in a fraudulent income tax scheme apparently sponsored by a co-worker. While under investigation, the agency promoted the employee who now had access to a database of Social Security numbers. The employee was fired but a federal court sends the case back to the MSPB for a new decision.
Privacy Act Against TSA for Missing Data Dismissed by Court
Four Transportation Security Administration employees were not able to convince a court that their agency violated the Privacy Act when an agency hard drive with personal information on some 100,000 TSA employees went missing.
Expunging Personnel Records and Creating a Public Record Through Appeals
A federal employee reached a settlement with the Army under which he resigned and the agency would rescind the removal for cause from his personnel records. He filed another appeal, created a public record, and got a decision that the Army had done what it agreed to do.
