Protecting Workers’ Rights

Focusing on the Rights of Federal Employees

Posts tagged "adverse actions"

Developments at the MSPB: FY 2018 Annual Report

Developments at the MSPB: On February 28, 2019, the Merit Systems Protection Board (MSPB) issued its annual report for FY 2018. The report discussed the current status of the MSPB's overall case processing in FY 2018.

News from the Federal Circuit: Two Federal Circuit Decisions

News from the Federal Circuit: Although the Merit Systems Protection Board (MSPB) continues without quorum, its chief reviewing court, the U.S. Court of Appeals for the Federal Circuit, has continued deciding federal sector adverse action cases. Recently, the Federal Circuit issued two new decisions of interest:

Developments at the EEOC: Probationary Termination Reversed

Developments at the EEOC:  On October 15, 2018, Chief Administrative Judge Patrick Kokenge of the Equal Employment Opportunity Commission's Miami District Office issued a Consent Order awarding the Complainant remedies in EEOC No. 570-2014-001194X. 

News from the Federal Circuit: Delay Not Due Process Denial

News from the Federal Circuit: On August 24, 2018, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Villareal v. Bureau of Prisons, No. 2017-2275.  The Court upheld Mr. Villareal's removal, finding no per se due process violation in the long delay in deciding to impose discipline.

News from Passman & Kaplan: Adverse Action Response Deadlines

News from Passman & Kaplan:  As a public service, Passman & Kaplan wished to generally warn federal employees about the often-short response deadlines that apply when federal employees are faced with a proposed adverse action, in light of recent changes in the law.

Developments at the MSPB: FY 2017 Annual Report

Developments at the MSPB: On January 19, 2018, the Merit Systems Protection Board (MSPB) issued its annual report for FY 2017. The report discussed the current status of the MSPB's overall case processing in FY 2017.

News from the Federal Circuit: FBI Whistleblower Appeal Rights Rejected

News from the Federal Circuit: On October 26, 2017, the U.S. Court of Appeals for the Federal Circuit issued its en banc decision rehearing in Parkinson v. Dept. of Justice, No. 2015-3066. In a split decision, the Court rejected an FBI employee's ability to raise a whistleblower reprisal affirmative defense in his MSPB appeal.

News from the Courts: DC Employee Fired Discriminatorily Reinstated

News from the Courts: On July 10, 2017, the District of Columbia Office of Human Rights (OHR) issued its Final Order in Massengale v. D.C. Fire and Emergency Medical Services, OHR Docket No: 14-360-DC(CN). OHR reversed Ms. Massengale's 2014 termination and ordered her reinstated with back pay.

News from the Supreme Court: "Mixed Case" Appeals Re-Clarified

News from the Supreme Court:  On June 23, 2017, the Supreme Court issued its decision in Perry v. Merit Systems Protection Board, 582 U.S. ____.  The Court clarified the appeals process for "mixed case" appeals before the Merit Systems Protection Board (MSPB) that involve claims of discrimination.

Developments at the MSPB: FY 2016 Annual Performance Report

Developments at the MSPB: On May 23, 2017, the Merit Systems Protection Board (MSPB) issued its annual performance report for FY 2016. The report discussed the current status of the MSPB's caseload of furlough appeals, its overall case processing in FY 2016, and specific case statistics for whistleblower reprisal cases.

LOOKING FOR REPRESENTATION?

I’m a Federal 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