shaw bransford & roth case law update

Veterans Benefits Administration Fails to Rebut Whistleblower Reprisal Claim Despite Lack of Evidence of Motive to Retaliate

Although the Merit Systems Protection Board found little evidence of retaliatory motive on the part of the Agency, the Veterans Benefits Administration presented insufficient evidence to show that it would have canceled an employee’s duties as Program Manager regardless of her disclosure that she believed Federal Acquisition Regulations had been violated.

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shaw bransford & roth case law update

MSPB Reverses Suspension of Employee Charged with Creating Appearance of Conflict of Interest

The Department of Homeland Security (“DHS”) suspended a Contracting Officer Representative for 30 days after alleging that the employee created the appearance of a conflict of interest and failed to disclose an outside business venture, but the Merit Systems Protection Board reversed an administrative judge’s initial decision upholding the penalty, finding that no appearance of a conflict of interest had been created and that the employee had no prior duty to disclose the outside activity at issue.

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