Supreme Court Grants Cert to Split Circuit Decision on DHS Immigration Guidance
As the U.S. Court of Appeals for the Fifth and Sixth Circuits remain divided on halting the Department of Homeland Security (DHS) arrest and deportation guidance, the U.S. Supreme Court will step in.
Failure to Allege Protected Employee Disclosures Precluded MSPB Jurisdiction
In the recently decided Bishop v. Department of Agriculture, The Merit Systems Protection Board (MSPB) clarified the importance of establishing jurisdiction in whistleblower issues.
Agencies Can Reissue Disciplinary Actions While Pursuing Appeal of Procedural Loss
The U.S. Court of Appeals for the Federal Circuit found lawful an agency’s decision to propose a new termination action while still pursuing its appeal of its first termination action.
MSPB Asserts Jurisdiction in Select EOP Adverse Action Appeals
The Merit Systems Protection Board (MSPB) clarified its requirements in an appeal jurisdiction: (1) the appellant was an employee (2) subjected to an appealable adverse action.
MSPB Finds Veterans Employment Violations Require Reconstructed Selection Process
The Merit Systems Protection Board (MSPB) ruled that an agency’s mere reannouncement of the original vacancy doesn’t constitute a proper reconstruction under veterans’ preference laws.
Agency Insisted Employee Submit Health Records Indicating Condition's Lack of Threat
The Merit Systems Protection Board (MSPB) clarified that an employee’s absence resulting from a mental health condition does not, on its own, suggest that the employee is likely to do harm.
MSPB Overturns “Inflexible” Precedent Requiring Remand Consideration
In overruling Wynn v. U.S. Postal Service, the Merit Systems Protection Board (MSPB) set out factors for analyzing whether affirmative defenses have been waived or abandoned.
Federal Employee Appeals Board Explains Corrective Action Options for Term Appointees
The Merit Systems Protection Board (MSPB) has ruled that term appointees are not entitled to serve beyond the role expiration date, nor are they entitled to a permanent position as relief in a personnel action.
What Kind of “Significant Change” in Working Conditions Protects Whistleblowers?
The law recognizes managers retaliate against whistleblowers via personnel action. Though common, one of the hardest to quantify is “significant change in duties, responsibilities, or working conditions.”
Supreme Court Limits Personal Lawsuits Against Federal Employees
The U.S. Supreme Court’s sweeping decision in Egbert v. Boule precludes almost any new kinds of Bivens claims against federal employees, opening the door to a future overturn.
MSPB Overrules Itself to Clarify 'Douglas' Disparate Penalty Analysis
In Singh v. USPS, the Merit Systems Protection Board (MSPB) overruled its own early 2010s precedents on the Douglas factor disparate penalty analysis.
Indefinite Suspension After Security Clearance Restoration is MSPB Reviewable
The Merit Systems Protection Board (MSPB) rules that an indefinite suspension following restoration of clearance is grounds for review under its jurisdiction.
MSPB Adopts New Element of Proof in Performance Removal Cases
In Lee v. Department of Veterans Affairs, the Merit Systems Protection Board (MSPB) added a new element of proof to sustain a performance-based adverse action with an appeal: accountablity prior to the PIP.
MSPB Confirms Lack of Jurisdiction Concerning EEO, Title VII Reprisal Cases
The Merit Systems Protection Board followed the precedent of several circuit courts in resolving that they are not the proper forum for allegations of retaliation for Title VII-related issues.
OSC Made “Preliminary Determination” Closing Your Case? No Response Needed Says MSPB
When an employee exhausts administrative remedies through the Office of Special Counsel (OSC), they gain the right to appeal directly to the Merit Systems Protection Board (MSPB).
MSPB Rules Employee Charged with Falsification in the Hiring Process Intended to Mislead
The Office of Personnel Management (OPM) instructed the Army to separate an employee from service after a probe found falsified documents during the hiring process.
Federal Employee Appeals Board Finds Army Retaliated Against Whistleblower
The Merit Systems Protection Board holds the Army retaliated against a widow of a service member in it's first precedential decision on whistleblower protection since regaining a quorum.
MSPB Issues First Precedential Decision in 5 Years in Jurisdiction of Employee’s Appeal
On March 24, 2022, the Merit Systems Protection Board (MSPB) issued a precedential opinion determining that it did not have jurisdiction over an employee’s appeal.