The Federal Circuit Court of Appeals affirmed an MSPB decision finding that a GS-13 General Services Administration (“GSA”) employee who claimed that after a temporary promotion he continued to perform the duties of a GS-14 employee was not constructively demoted.
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After a U.S. Office of Special Counsel (OSC) investigation, the Army recently settled a whistleblower retaliation claim filed by an Army civilian infection control analyst at Womack Army Medical Center in Fort Bragg, North Carolina.
A former Army Diagnostic Radiologic Technologist was removed from her position on April 5, 2012, based on 25 specifications of Conduct Unbecoming a Federal Civilian Employee.
The Merit Systems Protection Board appeal of a GS-13 Physical Security Specialist with the United States Navy was dismissed with prejudice after the MSPB found that the employee repeatedly failed to file a “perfected petition.”
A former federal employee’s confusion over what he was contesting in a disability retirement appeal did not entitle him to a finding of good cause for the lengthy delay in filing an appeal of his removal.
In 2012, the Merit Systems Protection Board joined two adverse action appeals concerning an employee’s placement on enforced leave and sustained an MSPB administrative judge’s reversal of the enforced leave periods.
On March 17, 2016, the United States Court of Federal Claims dismissed, in part, a complaint brought by current and former Physical Security Specialists employed by the United States Secret Service, who claimed that the agency engaged in unlawful scheduling and recordkeeping practices in order to deny overtime pay.
Years after the furlough, the Merit Systems Protection Board affirmed the Navy’s use of the furlough on a number of employees contesting the furlough’s applicability to their positions.
In November 2012, the Thomas E. Creek VA Medical Center in Amarillo, Texas mandated overtime for all Title 38 registered nurses after suffering through a staffing shortage that saw the number of registered nurses drop twenty-four percent.
A Postal Service employee appealing the agency’s failure to restore her to a position after she was injured and gained new medical restrictions argued that the position she was restored to was so unreasonable as to be an effective denial of her restoration, but her appeal was limited to the time period before she was restored.
A Federal Deposit Insurance Corporation employee filed a Step 1 grievance with the Agency after being issued a Letter of Warning regarding comments he allegedly made that potentially violated the agency’s anti-harassment policy.
Mark Shapiro began working for the Social Security Administration (“SSA”) as an administrative law judge (“ALJ”) in the New York Hearing Office in 1997. Beginning in 1998, the SSA informed Mr. Shapiro that his performance was lacking.
A National Park Service Superintendent at Sitka National Historical Park was removed from her position after she refused a management-directed reassignment to a different position.
An International Examiner at the Internal Revenue Service (“IRS”) received a proposed removal on September 2010 and was removed in November 2010. In 2013, the employee filed an individual right of action (“IRA”) appeal with the Merit Systems Protection Board (“MSPB”), citing his Office of Special Counsel (“OSC”) complaint claiming that he had been retaliated against after making protected whistleblower disclosures to his supervisor and the Commissioner of the IRS in February 2010 regarding an alleged $500 million tax fraud perpetrated by ExxonMobil.
An Office of Personnel Management senior accountant, through her Union, grieved her annual performance rating of “exceeds fully successful” both overall and in two critical elements of her performance plan.
In 2013, the Department of Commerce informed the National Weather Service Employee Organization (“NWSEO” or “union”) that it would no longer provide eating utensils to workers due to a lack of funds, despite a September 2009 memorandum of understanding pledging the purchase of said utensils.
The full Merit Systems Protection Board disagreed with an MSPB administrative judge regarding the reasonableness of the penalty of removal after an employee admitted to using marijuana.
The Merit Systems Protection Board vacated an administrative judge’s dismissal of a constructive suspension case after finding that the employee nonfrivolously alleged that she lacked a meaningful choice of whether to go to work against her doctor’s orders.
A Veterans Affairs police officer was charged with lack of candor, among other charges and specifications, and although the Board sustained the employee’s removal, it reversed the charge of Lack of Candor, clarifying the law in the process.
The Merit Systems Protection Board reversed the termination of a Department of Veterans Affairs employee who was terminated after the Agency discovered that a current probation agreement bound the employee to inform prospective employers of his status and prohibited the use of computers with online services and the use of data encryption.