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.
MSPB - FEDmanager - News for feds
The U.S. Court of Appeals for the Federal Circuit has set a new precedent for the federal workforce by upholding a ruling from the Merit Systems Protection Board (MSPB) wherein a State Department employee was punished for refusing to carry out an assignment that would have gone against federal rules.
Appeals Court: FBI Employees Cannot Raise Defense of Whistleblower Reprisal in Adverse Action Appeals
The United States Court of Appeals for the Federal Circuit, the reviewing court of the Merit Systems Protection Board, reversed a Board decision denying relief for a personnel action taken by the Department of Justice, finding that the Board’s decision was not supported by substantial evidence.
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.”
On December 5, 2016, the Merit Systems Protection Board released a new report, entitled “Adverse Actions: A Compilation of Articles.”
The House unanimously passed a bill last week to grant federal employees more time to have their personnel cases heard while Merit System Protection Board’s (MSPB) hands are tied due to lack of political appointments.
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.
On July 13, 2017, the Merit Systems Protection Board, currently without a quorum and consisting of only one member (Vice Chairman Mark Robbins) extended a stay of a Department of Veterans Affairs physician’s removal after the request was made by the Office of Special Counsel.
Appeals from Merit System Protection Board jurisdictional dismissals of “mixed cases” are properly appealed to federal district court and not to the U.S. Court of Appeals for the Federal Circuit, the U.S. Supreme Court held last week.
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.
Federal agencies can indefinitely suspend an employee they believe was involved in a crime, even before the person is found guilty – so long as the person in question has been indicted by a grand jury.
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.
After the Merit Systems Protection Board found that a retired federal employee failed to prove that the recovery of overpaid benefits from the Federal Employee Retirement System (“FERS”) would be against equity and good conscience, the Court of Appeals for the Federal Circuit reversed the MSPB’s decision, finding that the Administrative Judge’s analysis (which the full Board accepted) was not supported by substantial evidence, was erroneous, and that recovery of the overpayment was unconscionable given the “inexplicable” three-year delay by OPM to finalize the retiree’s benefits, and the additional four-year delay between the retiree’s request for reconsideration and OPM’s decision.
A Materials Engineer fired from the Department of the Navy for being absent without leave and falsifying time records successfully appealed the decision of the Merit Systems Protection Board to affirm his removal.
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.