Protecting Workers’ Rights

Focusing on the Rights of Federal Employees

Posts tagged "Firing"

News from the Federal Circuit: MSPB Appeals & Title 42 Employees

News from the Federal Circuit: On May 11, 2016, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Lal v. Merit Systems Protection Board, No. 2015-3140, holding that a category of employees at the Department of Health and Human Services (HHS) had the right to appeal adverse actions to the Merit Systems Protection Board (MSPB).

Developments at the MSPB: No Fees Without Personal Relief

Developments at the MSPB:  On December 18, 2014, the Merit Systems Protection Board issued its decision in Southerland v. Dept. of Defense, 2014 MSPB 88, the third trip to the MSPB for this case.  In rejecting Mr. Southerland's petition for attorneys' fees, the MSPB potentially raised a new dispute with the Equal Employment Opportunity Commission (EEOC) concerning mixed cases.

News from the Federal Circuit: MSPB Unsuitability Removal Jurisdiction Affirmed

News from the Federal Circuit:  In Archuleta v. Hopper, ___ F.3d ___, Fed. Cir. No. 2013-3177 (December 8, 2014), a unanimous three-judge panel of the U.S. Court of Appeals for the Federal Circuit upheld the holding of the Merit Systems Protection Board (MSPB) that a removal of a non-probationary employee for unsuitability is an appealable adverse action indistinguishable for all other removals.  In doing so, the Federal Circuit upheld the MSPB's holding in the Aguzie/Barnes line of cases, previously analyzed by Passman & Kaplan in the Federal Legal Corner.

Developments at the MSPB: Final Rule on DVA SES Adverse Actions

Developments at the MSPB:  On October 22, 2014, the Merit Systems Protection Board (MSPB) issued a Final Rule implementing procedures for handling adverse actions against Senior Executive Service (SES) employees at the Department of Veterans Affairs (DVA) (79 Fed.Reg. 63,031-63,032).  The Final Rule finalized the August 19, 2014, Interim Final Rule (79 Fed.Reg. 48,941-48, 946, as corrected 79 Fed.Reg. 49,423); this Interim Final Rule was previously analyzed in this blog.  The MSPB rushed to draft these regulations in order to meet a 14-day deadline specified in Section 707 of Pub.L. 113-146--the statute creating this new adverse action procedure--which was also previously analyzed in this blog.

Developments at the MSPB: DVA SES Adverse Action Interim Final Rule

Developments at the MSPB:  On August 19, 2014, the Merit Systems Protection Board (MSPB) issued an Interim Final Rule implementing procedures for handling adverse actions against Senior Executive Service (SES) employees at the Department of Veterans Affairs (79 Fed.Reg. 48,941-48, 946, as corrected 79 Fed.Reg. 49,423).  The MSPB had to rush to draft these regulations in order to meet a 14-day deadline specified in Section 707 of Pub.L. 113-146--the statute creating this new adverse action procedure--which was previously analyzed in this blog.   As an interim final rule, the regulations came into immediate effect, but the MSPB will be accepting comments on the regulations through September 18, 2014.

News from the Whitehouse: DVA SES Adverse Action Protections Cut

News from the Whitehouse:  On August 7, 2014, President Obama signed the Veterans' Access to Care through Choice, Accountability, and Transparency Act of 2014, Pub. L. 113-146.  While most of the statute concerned veterans' care issues, Section 707 of the statute has profound effects on the adverse action protections for Senior Executive Service (SES) employees working at the Department of Veterans Affairs (DVA).

Developments at OPM: Final Rule for Hatch Act Amendments

Developments at OPM:  On Monday, May 5, 2014, the Office of Personnel Management (OPM) published a final rule in the Federal Register implementing the 2012 Hatch Act amendments.  The Final Rule can be found at 79 Fed.Reg. 25,483-25,486.  The Hatch Act amendments were analyzed previously in this blog.  The Final Rule comes into effect June 4, 2014. 

News from the Whitehouse: Unemployment, Debt & the Federal Workforce

News from the Whitehouse:  On January 31, 2014, President Obama issued a new presidential memorandum, "Enhancing Safeguards to Prevent the Undue Denial of Federal Employment Opportunities to the Unemployed and Those Facing Financial Difficulty Through No Fault of Their Own."  This presidential memorandum highlighted several issues concerning how unemployment and financial distress can impact federal employment.

Developments at the MSPB: Refused Reassignment Removal Reversed

Developments at the MSPB: On April 3, 2013, the Merit Systems Protection Board (MSPB) issued a precedential decision which completely rewrites the caselaw for deciding removals based on failure to accept a management directed reassignment. In Miller v. Dept. of the Interior, 2013 MSPB 27, the MSPB reversed the removal of Ms. Miller and reinstated her to duty.

OSC Obtains Stay from MSPB in Whistleblower firing

Signs of Life at the Office of Special Counsel?  The OSC recently obtained a stay from the MSPB in order to keep an employee of the Department of Homeland Security from being fired before his claim of reprisal for whistleblowing could be investigated.  Perhaps this is a sign that new Special Counsel, Carolyn Lerner, is serious about trying to protect federal whistleblowers.

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