Protecting Workers’ Rights

Focusing on the Rights of Federal Employees

February 2016 Archives

Facing a security clearance revocation? Get legal advice quickly

As a federal employee, having and maintaining a security clearance is sometimes a precondition of employment for certain positions. As a result, if you are facing the revocation of your security clearance, you are likely also risk having your employment terminated as well. When faced with the revocation of your security clearance, it is advisable to seek legal advice as soon as possible.

Developments at the MSPB: MSPB FY 2015 Annual Performance Report

Developments at the MSPB: On February 9, 2016, the Merit Systems Protection Board (MSPB) issued its annual performance report for FY 2015. The report discussed the current status of the MSPB's caseload of furlough appeals, its overall case processing in FY 2015, and specific case statistics for whistleblower reprisal cases.

MSPB OVERTURNS SUSPENSION IN PASSMAN & KAPLAN CASE

In its January 21, 2016, decision in Martin v. U.S. Postal Service, 2016 MSPB 6, the Merit Systems Protection Board (MSPB) overturned the suspension of Ms. Martin. Ms. Martin had retired as part of a settlement agreement of an EEO complaint which was designed to enhance Ms. Martin's retirement annuity. The settlement agreement became void when the Office of Personnel Management denied the annuity enhancement, and so Ms. Martin sought reinstatement. The Agency instead unilaterally placed Ms. Martin on involuntary retroactive leave without pay (LWOP) status. The MSPB found that Ms. Martin's placement on LWOP constituted a suspension, which was legally defective because the Agency had failed to give Ms. Martin her pre-suspension due process rights. The MSPB ordered the Agency to retroactively reinstate Ms. Martin to full duty status for the entire retirement/LWOP period, and remanded the case for a hearing on Ms. Martin's discrimination claims. Ms. Martin was represented by P&K Founding Principal Joseph V. Kaplan. 

Developments at the MSPB: Suspension Reversed

Developments at the MSPB: On January 21, 2016, the Merit Systems Protection Board (MSPB) issued its decision in Martin v. U.S. Postal Service, 2016 MSPB 6. Reversing the decision below, the MSPB found that Ms. Martin had been suspended without due process, and ordered the Agency to retroactively reinstate her to duty with back pay.

LOOKING FOR REPRESENTATION?

I’m a Federal Employee or D.C. Government Employee Or... I work in the Private Sector in D.C., Maryland or Virginia Or... I already have scheduled my Initial Consultation

SCHEDULE YOUR INITIAL CONSULTATION

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy