shaw bransford & roth case law update

Federal Circuit: Cadet Service Cannot Help Satisfy Five-Year FERS Service Requirement

A political appointee retired from federal service after almost four years of civilian service, relying on advice from a human resources official that he could “buy back” time spent as a cadet at West Point and credit it towards the five years of civilian service required to qualify for a FERS retirement annuity. When OPM found that he was ineligible for an annuity, he appealed to the Merit Systems Protection Board, which affirmed OPM’s decision. The employee appealed. On October 2, 2019, the United States Court of Appeals for the Federal Circuit affirmed the Board’s decision.

Posted in Case Law Update

Continue Reading

Print

shaw bransford & roth case law update

First Circuit: No Need to Correctly Label Legal Theory for OSC Exhaustion

An ICE Supervisory Special Agent delivered a document to a colleague at the direction of his supervisor, the Assistant Special Agent in Charge. The colleague (a Special Agent) later used the document in support of his own whistleblower case against the Agency. After the Agency learned of the Supervisory Special Agent’s involvement in his colleague’s appeal, he was not selected for promotion, and received a lower-than-normal performance appraisal. He then filed a complaint with the Office of Special Counsel, alleging that the agency retaliated against him for providing information to his colleague that was later used in his colleague’s appeal.

Posted in Case Law Update

Continue Reading

Print

shaw bransford & roth case law update

Fifth Circuit: Duration of Immigration Stop, Not the Questions Asked by Agents, Determines Its Constitutionality

On May 26, 2017, Miguel Angel Vega-Torres was a passenger on a commercial bus that stopped at a border patrol checkpoint in Falfurrias, Texas. Border Patrol Agent David Gonzalez conducted an inspection of the bus at the checkpoint. During that inspection, Agent Gonzalez asked Vega-Torres for his citizenship documentation. Vega-Torres handed Agent Gonzalez his Legal Permanent Resident (“LPR”) card. Agent Gonzalez had a difficult time matching Vega-Torres’s face with the LPR card photo because Vega-Torres was occupied on his cell phone and made brief eye contact with Agent Gonzalez.

Posted in Case Law Update

Continue Reading

Print

shaw bransford & roth case law update

D.C. Circuit: Unions Must Use FLRA to Challenge Trump’s Fed Workforce Executive Orders

After the president issued three executive orders regarding relations between the federal government and its employees, several federal employee unions filed lawsuits in district court to challenge provisions in those orders. Those suits were consolidated at the district court in June 2018. In its August 2018 decision, the district court found several provisions in the executive orders unlawful, and ordered agencies to cease implementation of those provisions. The government appealed the district court decision, and on July 16, 2019, the United States Court of Appeals for the D.C. Circuit found that the district court lacked jurisdiction to hear the unions’ claims, and vacated the district court judgment.

Posted in Case Law Update

Continue Reading

Print