The Board Mitigates Removal for Department of Defense Employee Charged with Stealing Cafeteria Food
In June 2014, the appellant, a Security Specialist at the Department of Defense, took an extra $5.00 worth of food from the agency cafeteria without paying for the additional food. The agency removed the appellant based on this conduct and charging a violation of 18 U.S.C. § 641.
Medical Opinion of Federal Employee's Family Ruled Unconstitutional in Removal Case
The United States Court of Appeals for the Federal Circuit ruled that the deciding official’s ex parte communications in the Air Force’s termination proceedings is a violation of the due process clause.
Failure to Allege Protected Employee Disclosures Precluded MSPB Jurisdiction
In the recently decided Bishop v. Department of Agriculture, The Merit Systems Protection Board (MSPB) clarified the importance of establishing jurisdiction in whistleblower issues.
MSPB Clarifies Corrective Action Options for Term Appointees
The Merit Systems Protection Board (MSPB) has ruled that term appointees are not entitled to serve beyond the role expiration date, nor are they entitled to a permanent position as relief in a personnel action.
MSPB Overrules Itself to Clarify 'Douglas' Disparate Penalty Analysis
In Singh v. USPS, the Merit Systems Protection Board (MSPB) overruled its own early 2010s precedents on the Douglas factor disparate penalty analysis.
Indefinite Suspension After Security Clearance Restoration is MSPB Reviewable
The Merit Systems Protection Board (MSPB) rules that an indefinite suspension following restoration of clearance is grounds for review under its jurisdiction.
MSPB Confirms Lack of Jurisdiction Concerning EEO, Title VII Reprisal Cases
The Merit Systems Protection Board followed the precedent of several circuit courts in resolving that they are not the proper forum for allegations of retaliation for Title VII-related issues.
Federal Employee Appeals Board Rules Army Personnel's Hiring Falsehood Was Intentional
The Office of Personnel Management (OPM) instructed the Army to separate an employee from service after a probe found falsified documents during the hiring process.
MSPB Finds Army Retaliated Against Whistleblower
The Merit Systems Protection Board holds the Army retaliated against a widow of a service member in it's first precedential decision on whistleblower protection since regaining a quorum.
Vaccine Mandate for Feds Resumes as 5th Circuit Vacates Preliminary Injunction
The Fifth Circuit Court of Appeals has vacated the nationwide preliminary injunction on President Biden’s vaccine mandate for the federal workforce, determining the district court lacked jurisdiction.