Tough Choice in Short Time Doesn’t Equal Coercion

Given a short time to make an unpleasant decision about whether to resign or receive a proposed notice of removal, an errant federal manager opted to resign but then filed an appeal. Unlike MSPB Member Sapin, the court had no problem with the short period of time to make an unpleasant decision as the agency could have just issued the notice of proposed removal.

Temporary or Permanent: What’s In a Name?

A temporary employee applied for a permanent job and was selected–even though the announcement indicated the job was not open to temporary employees. She lost the job as a result so the employee filed an appeal contending that since she was now in a permanent job, she now had full appeal rights. The case went to federal court as the former temp tried to expand the coverage of the federal employee appeal process but the court did not buy the argument.

Court Upholds Removal After Employee Failed to Reveal Problems With Former Employer

An employee of the IRS told the agency he had never left a job “under unfavorable circumstances.” A background investigation revealed that was not necessarily the case, at least in the agency’s opinion. The employee appealed his removal to the MSPB and to federal court but his legal quest did not get him reinstated.