Officer Removed On Results Of Psychological Assessment Entitled On Appeal To Challenge Assessment’s Basis
Where an agency relies, directly or indirectly, on the results of a psychological assessment in justifying an employee’s removal, the agency must provide the employee with a meaningful opportunity to review and challenge the evidence underlying the assessment, the Federal Circuit recently held.
Federal Circuit: No MSPB Jurisdiction for Termination for Failure to Maintain National Guard Membership
A dual-status military technician, whose position was partially civilian and partially military, appealed his termination for failing to maintain membership in the National Guard, a prerequisite to his dual-status appointment under 32 U.S.C. § 709(b), to the Merit Systems Protection Board.
OSC: MSPB Misapplied Whistleblower Statute
On August 11, 2020, the United States Office of Special Counsel (OSC) filed an amicus curiae brief in Tao v. MSPB, a case pending before the United States Court of Appeals for the Federal Circuit, arguing that the Merit Systems Protection Board (MSPB) committed reversible error when it failed to properly analyze an employee’s allegation of whistleblower retaliation.
Federal Circuit Rules PACER Fees Excessive
On August 6, 2020, the United States Court of Appeals for the Federal Circuit affirmed a district court ruling that the federal judiciary has been charging unlawfully excessive fees for access to records through the Public Access to Court Electronic Records (PACER) system.
Federal Circuit: Agencies Can Remove Burrowed Employees to Correct Illegal Appointments
On June 26, 2020, the United States Court of Appeals for the Federal Circuit held that the removal of illegally appointed employees who had otherwise not committed misconduct or performed poorly still promoted the efficiency of the service.