Protecting Workers’ Rights

Focusing on the Rights of Federal Employees

Posts tagged "adverse actions"

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.

News from the Federal Circuit: Part of DVA SES Discipline Law Struck Down

News from the Federal Circuit:  On May 9, 2017, the U.S. Court of Appeals for the Federal Circuit issued its decision in Helman v. Dept. of Veterans Affairs, No. 2015-3086.  The Court struck down part of the statute for expedited removals of Department of Veterans Affairs (DVA) Senior Executive Service (SES) employees as unconstitutional, but left much of the statute in place.

News from the White House: New DVA Whistleblower Office

News from the White House:  On May 2, 2017, the President issued Executive Order 13,793.  The Executive Order creates a new office at the Department of Veterans Affairs focusing on whistleblower reprisal and disciplinary issues.

News from the Federal Circuit: Delay Leaves Settlement Unenforced

News from the Federal Circuit: On December 27, 2016, the U.S. Court of Appeals issued its decision in Gallegos v. Dept. of Health and Human Services, Case No. 2016-2120.  A divided panel refused to enforce a breached clean record settlement agreement provision because of the delay in seeking enforcement.

News from the White House: Changes in "Administrative Leave" Rules, etc.

News from the White House: On December 23, 2016, President Obama signed S. 2943, the National Defense Authorization Act for Fiscal Year 2017 (NDAA).  This law contained several important changes in the law relevant to federal employees, specifically in three areas:  administrative leave, negative paper trails, and buyouts for DoD employees.

Developments at the MSPB: EEO Damages Authority Affirmed

Developments at the MSPB:  On November 18, 2016, the Merit Systems Protection Board issued its decision in Hess v. U.S. Postal Service, 2016 MSPB 40.   The Board affirmed its authority to award compensatory damages in mixed cases where discrimination is alleged.

News from the Federal Circuit: Joint Employer USERRA Claims

News from the Federal Circuit: On August 25, 2016, the Court of Appeals for the Federal Circuit issued its decision in Estes v. Merit Systems Protection Board, No. 2016-1081.  Although the court rejected Mr. Estes' appeal, it adopted the MSPB's precedent in holding that federal contractors could raise "joint employer" claims under USERRA against the federal government.

News from the Federal Circuit: FBI Whistleblower Case

News from the Federal Circuit: On August 8, 2016, the U.S. Court of Appeals for the Federal Circuit granted the Department of Justice's motion for en banc rehearing in Parkinson v. Dept. of Justice, No. 2015-3066. The court vacated the panel's decision below, and now the entire Federal Circuit will decide on the scope of whistleblower reprisal protections for FBI employees.

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.

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.

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