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December 2016 Archives

News from the Federal Circuit: WPA: Independent Causation Standard

News from the Federal Circuit:  On December 2, 2016, a divided panel of the U.S. Court of Appeals for the Federal Circuit issued its decision in Miller v. Dept. of Justice, No. 2015-3149.  The court reversed the decision of the Merit Systems Protection Board (MSPB), and held that the Agency had failed to prove "independent causation" for Mr. Miller's reassignments. 

Developments at the MSPB: Reprisal for Whistleblower Settlement

Developments at the MSPB:  On November 22, 2016, the Merit Systems Protection Board (Board) issued its decision in Elder v. Department of the Air Force,  2016 MPSB 41.  The Board reversed the removal of Mr. Elder, finding retaliation for Mr. Elder's efforts to enforce his whistleblower complaint settlement agreement.

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