At a time when the federal government is horrendously failing to support veterans and service members, the end of a three-year demonstration project last Friday could not have been timed any worse. Under this demonstration project, the Office of Special Counsel (OSC) had shared some of the responsibility of investigating federal employees’ Uniformed Services Employment and Reemployment Rights Act (USERRA) complaints – a task usually exclusive to U.S. Department of Labor’s Veterans’ Employment Services (VETS). Enacted in 1994, USERRA is the most recent amendment to a series of laws dating back to the 1940s designed to protect returning service members’…
Yearly Archives: 2014
In response to news reports that management at the Department of Veterans Affairs punished staff members at VA facilities who criticized the agency’s deceptive patient waitlist practices, Sens. John McCain and Jeff Flake asked the agency’s acting inspector general to investigate claims of retaliation against whistleblowers. I believe anyone reviewing allegations of whistleblower retaliation – especially at agencies with large populations of disabled employees – should be on the lookout for adverse actions less common among non-disabled employees. In fact, the VA employs more non-seasonal, full-time, permanent disabled individuals than any other federal executive branch (not including the Department of…
For many federal employees, summer is the time to get some much needed rest and relaxation. They place a premium on this vacation time. In fact, a 2008 Merit Systems Protection Board (MSPB) survey of new hires found that 94 percent of respondents viewed vacation time as important to a job offer, beating out the percentage of respondents who said the same about health insurance and 401(k) or fixed pension plans. But while serving as chairman of the Merit Systems Protection Board (MSPB), I came across cases involving employees who took their love of vacations too far, making their R&R…
The Office of Special Counsel’s announcement last spring of its enforcement actions against two IRS employees who in 2012 engaged in partisan political activities in violation of the Hatch Act did not surprise me very much. After all, the alleged misconduct happened during a presidential election year. What did surprise me, though, was the technologically simplistic nature of the misconduct: federal employees conveying over the telephone partisan political messages. More specifically, one IRS customer service representative urged taxpayers to vote for President Barack Obama. The other employee, a tax advisory specialist, told a taxpayer she was “for” Democrats and…
Earlier this spring the U.S. Supreme Court reexamined the limitations to public employees’ freedom of speech when it heard oral arguments for the case of Lane v. Frank. The case involves an Alabama community college program director who testified before a federal grand jury that a state legislator had a no-show job at the institution. The school’s president later terminated the director, who claimed the termination represented retaliation for his grand jury testimony, in violation of his First Amendment right to freedom of speech. The 11th U.S. Circuit Court of Appeals had found the director’s speech did not qualify as…
President Barack Obama – in the wake of emerging details about the Phoenix VA secret waiting list scandal – recently threatened that “anybody found to have manipulated or falsified records at VA facilities has to be held accountable.” With this threat out there, I believe one issue that needs to be ascertained is whether, or to what extent, any federal employees were “cooking the books” under orders. An interim report by the Department of Veterans Affairs’ Office of the Inspector General (OIG) stated schedulers at various VA locations claimed scheduling supervisors told them “to review…[clinic appointment availability] reports and…
Recent years have seen a steady stream of reports highlighting federal agency blunders that have chipped away at the general public’s confidence in the capabilities of senior managers. Scandals, such as the mishandling of human remains at Dover Air Force Base and the General Services Administration’s $823,000 Las Vegas conference, have left on the federal government the seemingly indelible stain of gross mismanagement. So I was not surprised to see the Obama administration include in its fiscal year 2015 executive budget funding for “administrative actions to produce a Federal executive corps with a broader, stronger experi¬ence base.” Even before news…
Revelations that an Army combat commander earlier this year unleashed a scam email on civilian agency employees, designed to trick them into disclosing personal financial information, has raised many eyebrows. While the commander reportedly embarked on this faux phishing expedition for cybersecurity purposes, it is always disturbing to see an employer – the government, especially – attempt to trick employees into doing something wrong. And while people lured into doing something wrong by federal agents can raise the affirmative defense of entrapment in criminal proceedings, federal employees tricked into engaging in misconduct generally cannot raise this affirmative defense in administrative…
There has been little question among my colleagues who practice federal employment law that the Whistleblower Protection Enhancement Act of 2012 is going to vastly change the disposition track record of the Merit Systems Protection Board (MSPB) when it comes to whistleblower reprisal claims. While only time will tell just how much more beneficial this act will be among appellants, compared to those covered only by the Whistleblower Protection Act of 1988 (WPA), the MSPB recently supplied interesting data that could serve as a benchmark against which that change could be measured. As required by the WPEA, the MSPB…
Timing is a crucial factor when it comes to deciding when to retire. It is also important when it comes to how older workers perceive their retirements. In fact, research has shown that retiring sooner than expected makes older workers two times more likely to perceive their retirements as being forced, compared to those who retire on time. With the Government Accountability Office recently reporting that 600,000 of the federal government’s permanent career employees will become eligible for retirement by 2017 – up from 270,000 in 2012 – there is a strong possibility that after these employees retire, some will…