On May 16, 2023, the Merit Systems Protection Board (“the Board”) issued a precedential opinion affirming an initial decision that reversed our client's wrongful termination on due process grounds. This opinion is a ... Read More
MSPB Cements Whistleblower Protections for Feds Who Disclose Prior to Becoming either Applicants or Employees
The Merit Systems Protection Board (“MSPB”) recently cemented an important expansion of who is protected when making whistleblower disclosures under the Whistleblower Protection Act of 1989 (“WPA”). The WPA protects any employee ... Read More
Federal Circuit Finds that MSPB AJs are Not Principal Officers
After the Supreme Court issued its decision in Lucia v. SEC in 2018, a few federal agencies began presenting novel constitutional arguments in MSPB appeals – namely that the MSPB administrative judges (AJs) were improperly ... Read More
