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Federal and Postal Service employees may have their claims referred to the Office of Special Counsel for consideration of representation before the Merit Systems Protection Board (MSPB). If violations under USERRA are shown to be willful, the court may award liquidated damages. Individuals who pursue their own claims in court or before the MSPB ...
The United States Office of Special Counsel (OSC) is a permanent independent federal investigative and prosecutorial agency whose basic legislative authority comes from four federal statutes: the Civil Service Reform Act, the Whistleblower Protection Act, the Hatch Act, and the Uniformed Services Employment and Reemployment Rights Act (USERRA).
There are complaints that the MSPB has gone far beyond protecting civil servants from unjustified disciplinary action. Rather, critics allege, the MSPB now makes it nearly impossible to fire poor performers or problematic employees, even when they have committed egregious violations that would result in immediate termination in the private sector.
Staub v. Proctor Hospital, 562 U.S. 411 (2011), is a United States Supreme Court case in which the Court held that an employer may be held liable for employment discrimination under the Uniformed Services Employment and Reemployment Rights Act (USERRA) if a biased supervisor's actions are a proximate cause of an adverse employment action, even if the ultimate decision-maker was not personally ...
Texas Department of Public Safety, 597 U.S. 580 (2022), was a United States Supreme Court case dealing with the Uniformed Services Employment and Re-employment Rights Act of 1994 (USERRA) and state sovereign immunity. In a 5–4 decision issued in June 2022, the Court ruled that state sovereign immunity does not prevent states from being sued ...
The Civil Service Reform Act of 1978 (CSRA) reformed the civil service of the United States federal government, partly in response to the Watergate scandal (1972-74). The Act abolished the U.S. Civil Service Commission and distributed its functions primarily among three new agencies: the Office of Personnel Management (OPM), the Merit Systems Protection Board (MSPB), and the Federal Labor ...
If the Region finds merit in the charge it will file a formal complaint setting out the violations of the law allegedly committed by the respondent. [9] While the Act requires that the original unfair labor practice be filed within six months, there is no comparable statute of limitations for issuance of a complaint. The complaint may also be ...
Until the Civil Service Due Process Amendments Act of 1990 (Pub. L. No. 101-376, 104 Stat. 461), employees in the excepted service who did not have veteran's preference did not have the right to appeal adverse actions to the United States Merit Systems Protection Board (MSPB). These amendments made it so that most employees in the excepted ...