shaw bransford & roth case law update

Appeals Court Rules No Private Right of Action for False Statements by Government

A former federal employee terminated by the United States Agency for International Development (“USAID”) and the National Oceanic and Atmospheric Administration (“NOAA”) appealed his termination from both agencies under Title VII and also contended that NOAA violated a criminal statute that prohibits making false statements when the Agency allegedly lied about why he was terminated. 

Posted in Case Law Update

PrintEmail

shaw bransford & roth case law update

Appeals Court Affirms Dismissal of COLA Dispute

After a $232,500,000 settlement agreement was executed in 2000 that also mandated that the United States Office of Personnel Management issue new regulations governing the Cost of Living Adjustment (“COLA”) program, plaintiff federal employees filed suit alleging that the government breached the settlement agreement and both the express and implied covenant of good faith and fair dealing.

Posted in Case Law Update

PrintEmail

shaw bransford & roth case law update

Federal Circuit Reverses MSPB Order to Repay OPM Overpayment

After the Merit Systems Protection Board found that a retired federal employee failed to prove that the recovery of overpaid benefits from the Federal Employee Retirement System (“FERS”) would be against equity and good conscience, the Court of Appeals for the Federal Circuit reversed the MSPB’s decision, finding that the Administrative Judge’s analysis (which the full Board accepted) was not supported by substantial evidence, was erroneous, and that recovery of the overpayment was unconscionable given the “inexplicable” three-year delay by OPM to finalize the retiree’s benefits, and the additional four-year delay between the retiree’s request for reconsideration and OPM’s decision. 

Posted in Case Law Update

PrintEmail

shaw bransford & roth case law update

Supreme Court: Veteran Can’t Be Forced to Indemnify Ex-Spouse When Electing Benefits

A retired Air Force Veteran’s divorce decree awarded his ex-wife 50 percent of the veteran’s future Air Force retirement pay, but thirteen years after the divorce, the veteran was found partially disabled due to an earlier service-related injury, and elected to give up an equal amount ($250 monthly) of retirement pay in order to receive disability pay – thereby reducing the value of his ex-wife’s 50 percent share by 50 percent of $250. 

Posted in Case Law Update

PrintEmail

This Week on FEDtalk

This Week on FEDtalk: Enhancements & Whistleblower Programs

Tune in this week for a special show on whistleblower programs with the Justice Department’s Deputy IG, a Deputy Counsel at Department of Homeland Security's Office of Inspector General, and the Office of Special Counsel's Chief of Investigation and Prosecution.

Read more ...

Manager Matters

One Month into the New Administration

Policy changes and refocused initiatives are developing just one month into President Trump’s administration.

Read more ...
FEDmanager

FEDmanager.com

The free weekly e-report for Federal Executives, Managers & Supervisors

About FEDmanager

Click to learn more about us

Get in touch with us

Email FEDmanager publisher

Copyright 2017 FEDmanager.com
Hosted by Peak Media Company, LLC