Tag Archives: Similarly situated

TEST YOUR ADVERSE ACTION DEFENSE KNOWLEDGE The MSPB has held that an agency is obligated to impose similar adverse action penalties on similarly situated employees. But that does not mean comparison between any two employees works   Here are the facts … Continue reading

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MSPB EXPANDS ACCUSED EMPLOYEE’S RIGHT TO INFORMATION A Homeland Security Agent was fired for falsifying an official form.  When he tried to defend himself by pointing out how supervisory employees who committed the same offense were not fired, DHS management … Continue reading

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SIMILARLY SITUATED  CONCEPT EXPANDED AGAIN Not long ago FEDSMILL.com posted a piece entitled, “Who Are the Similarly Situated.”  We noted that at least one circuit court did not require that the employees in the compared cases have the same supervisor, … Continue reading

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