Read summaries of court cases and decisions that impact federal employees and retirees.
Federal employment cases are complex. This one has been going on since 1995. It isn’t over yet. A federal court has remanded the case back to the MSPB to gather more evidence regarding reasonable accommodation and the removal of a welder by the Department of the Army.
It took four years, but the various appeals by a probationary employee who worked for the Department of Labor may be over–four years after he was separated during his probationary period.
On remand, the MSPB reconsiders its decision in an earlier decision and concludes that the removal of a GS-8 police officer was justified for refusing to carry out assigned duties.
Absence without leave (AWOL) can be a successful way to fire a federal employee–often because it is easier to prove than other charges. In this case, the employee offered various reasons why she should not be fired for being AWOL but the MSPB and court did not buy into her rationale.
A federal attorney violated the Hatch Act and the MSPB has ordered the Small Business Administration to remove him from federal service.
What was the reason for firing this federal employee? He argued it was because he was called up for military duty. The agency said it was because he had involvement with convicted felons in his outside employment.
The OSC says the MSPB has approved a settlement agreement in a case filed by OSC against the Army Corps of Engineers. The agreement gives the former employee back pay, leave and other benefits as if he had not left the agency.
A court of appeals finds that OPM had an obligation to to check out the facts of a case that impact the election of a survivor annuity. The case is therefore sent back to the Board for a new decision based on the finding of the court.
The Court of Appeals for the DC Circuit has decided that the labor relations portion of the new human resources system for DHS is not consistent with Congressional intent.
Here is a unique way to seek a significant promotion in government service. A federal employee submitted letters from her doctor indicating she could not perform the duties of a lower level job. She argued the agency should therefore give her a promotion to a higher level position.
