The Merit Systems Protection Board has existed for decades. It has long served as a place where Federal workers can find some measure of fairness. The MSPB addresses the question of whether a Federal employee has been fired for a fair reason. The MSPB is not particularly pro-employee. But, it serves a vital purpose for
I talked about this case last September. See prior blog post here. Humphrey’s Executor v. United States, 295 U.S. 602 (1935) was decided 90 years ago. It stands for the proposition that the board members of some Federal agencies can be removed only for cause. The Humphrey’s decision specifically found that some governmental functions
The Trump administration has enjoyed itself firing boatloads of Federal employees. The most common recourse for civil service employees who were fired for no just reason is the Merit Systems Protection Board. The MSPB essentially enforces the Civil Service Reform Act. A civil servant can only be fired for a just reason. But, since so
The Civil Service Reform Act of 1978 amended the prior law, which was passed in 1883. The current law is found at 5 U.S.C. §1101, et seq. The first Civil Service Act of 1883 changed what had been a political spoils system to a much more professional, stable work force. Prior to 1883, the
Among co-Pres. Trump’s many firings, he also fired the Chairperson of the Merit Systems Protection Board, Cathy Harris. Ms. Harris sued and was granted a permanent injunction. The Judge wrote a lengthy opinion, finding that The President cannot fire members of the MSPB board without cause. The members of the board enjoy a prescribed term
The war on Federal workers continues. After the “Fork in the Road” email, the Musk/Trump next step has been to fire probationary employees. One estimate holds that there are 200,000 workers in their first year of Federal employment, making them probation employees. Many termination emails have been issued. A regular Federal employee can appeal any
One would hope for better from the U.S. Postal Service. They employ many veterans. They have a veterans hiring program. But, in the case of Army Reserve Sergeant Major Richard Erickson, the USPS attempted to terminate his employment even before the wars in Iraq and Afghanistan started. SGM Erickson was fired from his USPS job
Last week, a federal court jury found that Corpus Christi Army Depot discriminated against and retaliated against Muprhy Junaid during his employment at CCAD. The federal court jury awarded $150,000 in lost wages and benefits and another $500,000 in emotional pain type damages. Mr. Junaid complained about discrimination by CCAD and then suffered discipline for