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Employee Disputes Archives

Lack of confirmations halts MSPB federal worker dispute rulings

The Merit Systems Protection Board was established in 1978 to protect federal employees from unfair treatment at work and to promote the Merit System Principles. The MSPB comes into play when federal employees have blown the whistle on fraud or mismanagement, or when civil servants have complained of bias, arbitrariness, retaliation or other wrongful treatment in the workplace and need to appeal. It also provides independent research and analysis on the merit systems for the executive branch.

FEMA administrator keeps job, to repay cost of misused vehicles

A Department of Homeland Security Inspector General's investigation found that the head of the Federal Emergency Management Administration took advantage of government-issued vehicles by using them to travel to his home in North Carolina and for other non-official purposes. According to DHS Secretary Kirstjen Nielsen, administrator William "Brock" Long will reimburse the government for the cost of the misuse but he will not lose his job.

GAO: Several DHS components fail to monitor misconduct claims

Leadership from three components of the Department of Homeland Security -- the Transportation Security Administration (TSA), Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) -- do not consistently monitor their internal controls in employee misconduct cases, according to a recent report by the Government Accountability Office.

Protest over executive orders leads to disciplinary violations

A Social Security Administration (SSA) claims representative who also acts as a grievance vice president for his local chapter of the American Federation of Government Employees (AFGE) has been placed on administrative leave after a protest. Using washable window paint, the man wrote several messages on the windows of a Troy, New York, SSA office building in protest of President Trump's recent executive orders targeting unions.

Indefinite suspension after indictment upheld by Federal Circuit

A Veterans Affairs employee recently appealed his indefinite suspension beyond the Merit Systems Protection Board to the federal courts. Unfortunately for this employee, his appeal was unsuccessful, but federal employees should know that there appeals both within and beyond the MSPB.

OPM viewpoint survey: Leadership shapes best agencies for workers

The nonpartisan, nonprofit Partnership for Public Service and Deloitte has released its 2017 annual ranking of the "Best Places to Work in the Federal Government." The rankings are based largely on the findings of the annual Federal Employee Viewpoint Survey performed by the Office of Personnel Management.

MSPB lacks a quorum to go forward on sexual harassment study

Sexual harassment remains a serious problem in the workplace in Texas and among federal workers. Recent scandals of high-profile members of Congress do not touch the depth of the problem, however, and the executive branch could be facing more scrutiny in the future than it has in the past. There is a government-wide study on the subject of sexual harassment but that has been held up.

Shield of law for VA whistleblowers about to get stronger again

The effort to shore up the Department of Veterans Affairs and counter the view of President Trump that the agency is the most corrupt in government continues. The latest move happened last week when the House of Representatives passed yet another bill expanding protections for potential VA whistleblowers. The measure passed the Senate in May and garnered a rare show of unity in the House – passing the chamber 420-0.

Press for weapons has led to eased security, warns DOD official

Federal employment is a highly competitive arena. Certain certifications, such as security clearances, are highly coveted because they open doors to opportunity and advancement. At the same time, losing the classification can mean the end of a career.

Do you know the legal route your job dispute case might take?

It seems the first answer for almost any legal question is, "it depends." While that can be frustrating to someone seeking advice, it should come as no surprise. In one respect, the uncertainty is a plus. It reflects that every case is different and deserves judgment on its own merits. Any other approach would reduce the rule of law to little more than rubber stamp actions.

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