Absence of Evidence Cannot Favor Agency Defense Against Whistleblower Reprisal Claim

Last week, FEDagent reported on the Federal Circuit’s decision in Siler v. EPA, on the issue of whether EPA adequately asserted the attorney-client privilege to withhold documents from Siler during the discovery phase of his MSPB appeal his removal from federal service. This week, we report on the portion of the court’s decision that vacated the MSPB’s denial of Siler’s whistleblower reprisal affirmative defense and remanded the matter to MSPB for further proceedings.

Posted in Case Law Update

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Federal Circuit: EPA Made “Baseless” Claim of Attorney-Client Privilege to Protect Draft Notices of Proposed Disciplinary Actions

Recently, the Court of Appeals for the Federal Circuit reversed a decision of an Merit System Protection Board Administrative Judge, and found that the EPA made no evidentiary showing to prove its claim of the attorney-client privilege to prevent the discovery of draft proposed disciplinary actions.  

Posted in Case Law Update

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This Week on FEDtalk

Fitting Leadership Development Into Busy Schedules

Even though senior leaders know they need to keep their skills sharp through continued development opportunities, finding the time, let alone the budget, for training and development is a constant challenge.

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Hear it from FLEOA

FLEOA Files Law Suit Against OPM

 FLEOA files suit against OPM for reinterpretation of FERS statute .  Read the full statement below:

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