Religious Accommodation Test Before the Supreme Court
This case law update was written by James P. Garay Heelan , an attorney at the law firm of Shaw Bransford & Roth, where since 2021 she has represented federal officials and employees in all aspects of federal personnel employment law. Ms. Grieshammer also advises federal agencies and employers on employment issues, such as proposed disciplinary actions and other employment-related litigation.
VA Cannot Use 2017 Accountability Law to Terminate “Hybrid” Employees
A GS-5 Nursing Assistant occupying a “hybrid” Title 38/Title 5 position was terminated from the Department of Veterans Affairs pursuant to the relatively recent expedited removal authorities of 38 U.S.C. § 714 (2017).
Federal Circuit Weighs FLSA Timeliness Requirements for Employee Pay During Government Shutdowns
The Department of the Army removed the appellant in September 2015 based on one charge of conduct unbecoming a supervisor. The charge was supported by two specifications.
The Board Reverses Administrative Judge’s Penalty Mitigation in Sexual Misconduct Case
The Department of the Army removed the appellant in September 2015 based on one charge of conduct unbecoming a supervisor. The charge was supported by two specifications.
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.
Federal Circuit Deems Family Medical Opinion Unlawful in Removal Case
In Johnson v. Air Force, the U.S. Court of Appeals for the Federal Circuit clarified that receiving external opinions on a proposed removal is a violation of the due process clause.
FMLA & OWCP Claims Aren't Protected Activity, MSPB Rules
A Department of Veterans Affairs employee was terminated for threatening agency employees after HR called the hospital to confirm the employee’s claim that he had not been released.
Due Process Concerns Dismissed in Removal for Failure to Maintain Employment Condition
The Merit Systems Protection Board (MSPB) clarified that federal employees may not have due process rights when it comes to the withdrawal of an employment-required condition.
Fifth Circuit Limits Fourth Amendment Actions Involving Federal Employees
The U.S. Court of Appeals for the Fifth Circuit described the case as one presenting “a novel question involving two provisions within the Constitution: the U.S. Postal Service and the Fourth Amendment.”
Fourth Circuit: MSPB Can't Adjudicate "Mixed Case" of EEO Claims, IRA Appeals
The Merit Systems Protection Board (MSPB) lacks jurisdiction to address equal employment opportunity (EEO) claims in “individual right of action” whistleblower reprisal appeals, the Fourth Circuit recently held.