A recent Federal Circuit decision held that the Agency breached a settlement agreement it made with its former employee.

The former employee, a USPS worker, was terminated for “Failure to Maintain a Regular Work Schedule/Tardy“. In fact, the Plaintiff suffered from Sleep Apnea, a disability that affected his breathing and sleeping and caused him to frequently arrive late for work.

In settlement of his removal appeal to the MSPB, the Postal Service [...]

During tax season, there’s nothing wrong with calling the IRS directly to ask a question. In fact, I just called yesterday on behalf of a client.

However, when you call the toll-free number, have a pen and paper handy: the very first thing that any IRS representative will tell you is their name and their Badge or Identification number. If you don’t get their name and number the first time, ask them [...]

Ulysses Hudson won a jury award of $2.5 million dollars in a suit against the Department of Homeland Security. In that suit, he claimed reprisal for filing complaints of harassment and discrimination.

Hudson, a black Intelligence Research Specialist, first sued the agency in 2001, claiming racial harassment by managers and co-workers. The harassment consisted of racial comments, putting nails in his tires, and treating him as less than an equal. That conduct caused [...]

The very general rule among many Federal agencies is that a Federal employee who is terminated during a probationary period has no MSPB appeal right, unless the employee alleges the removal was motivated by discrimination, partisan political reasons, or the employee’s marital status.

That landscape is changing very quickly. A series of Federal Circuit and MSPB decisions dating back to 1989 has started to broaden the protection available to probationary Federal Employees.