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Blog Posts in September, 2009

  • MSPB: Federal Employee Firefighters and Retirement Credit for firefighting positions

    We have been getting an increasing number of calls over the last year about firefighters in the Federal Government being denied retirement credits for time served as a firefighter. Here are the rules, and how it works. If you are reading this, then you know that Federal employees that work as firefighters are entitled to enhanced retirement benefits (including earlier retirement ages, larger ...
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  • MSPB & EEOC: What is Discovery and How can the Federal Employee use it?

    Both the MSPB and the EEOC afford Appellants (or Complainants) the opportunity to pursue discovery. While the timelines and the amounts of discovery allowed are quite different, the basic ideas of what discovery is and how it should be used are very similar. Discovery is a very important part of your case. In an EEO case, you have the burden of proof, but the Agency has all the information you ...
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  • MSPB: Probationary Federal Employees, Appeal Rights, and "Tacking"

    Probationary employees generally have no right of appeal to the Merit Systems Protection Board (MSPB). If, however, the Federal Employee on a probationary period can raise a nonfrivolous allegation that the termination was due to marital status discrimination or partisan political reasons, they will typically be afforded an MSPB appeal and/or hearing. See Von Deneen v. Department of ...
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  • Fed. Circuit: MSPB must give considerable weight to Mental Health conditions as mitigating factor.

    On August 25, 2009, the Federal Circuit Court of Appeals issued a decision remanding an MSPB Appellant’s case back to the MSPB for additional review. The crux of the case, Malloy v. USPS (Fed. Circ. Docket No. 2008-3117), turns on the evidence of the Appellant’s mental health condition. The relevant facts of the case were this: the Appellant was a Federal employee who was removed for being rude ...
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