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.
Court of Appeals for the Federal Circuit - FEDmanager - News for feds
The 9th Circuit Court of Appeals adopted the Federal Circuit Court of Appeals’ holdings with regard to the test of whether an agency has carried its burden to prove whether the agency would have taken the same personnel action against an employee irrespective of the employee’s protected disclosures, and with regard to whether an employee may be disciplined for the manner in which he or she communicates a protected disclosure.
The United States Court of Appeals for the Federal Circuit reversed the MSPB’s dismissal of a Department of Homeland Security employee’s Individual Right of Action (“IRA”) whistleblower retaliation appeal.
The United States Court of Appeals for the Federal Circuit overturned an arbitrator’s decision sustaining the employee’s removal for violating the agency’s time and attendance policies after finding that the arbitrator erred by imposing a “categorical rule of exclusion” against using employees who are similarly situated and under investigation as comparators when arguing that a penalty is not reasonable.
After the Department of the Navy drug-tested him following a crane accident, a Rigger Supervisor with the Department of the Navy argued that his subsequent removal for illegal drug use violated due process because the Agency did not follow its own regulation and provide him advance written notice of the purpose of the drug test.
To determine jurisdiction in an involuntary retirement appeal, the Merit Systems Protection Board must consider an appellant’s claims “collectively as a series of escalating incidents,” rather than one by one, the Federal Circuit recently held.