Using The “He Said/He Said” Defense in a Removal Action

A Border Patrol agent who did not come to the aid of another agent asking for help while in a “hostile encounter” was fired by the agency. The fired agent offered the “I was fired because I was a whistleblower” defense that seemingly gets raised routinely in federal appeals. That didn’t fly nor did his argument that his colleague wasn’t really in trouble so a court upholds the removal action.

Misuse of Position Leads to Removal

Federal agencies have considerable power and authority. Federal employees have to be wary of trying to improperly use their position for personal gain or for other reasons unrelated to their official job requirements. This agent of the Immigration and Customs Enforcement Agency was fired for misuse of his position and the removal is upheld by the MSPB and a federal court.

Stay in Town Until Budget is Passed!

FedSmith readers spoke out in giving their opinions on the budget stalemate and their 2008 pay raise. 92% think that Congress should not adjourn until a budget has passed and 47% think the average pay raise for 2008 will be 3%. 58% do not think there will be a government shutdown.