Janet's Semantics

Administrative Law Judges

Administrative Law Judges (they are also called ALJs) are federal appointees pursuant to the Administrative Procedure Act of 1946. This act gives them some independence when it comes to decision making. Plus they have immunity from any liability which might arise from their judicial acts. In general, an ALJ’s job is to handle administrative hearings. These hearings are often to determine whether a governmental agency acted properly. Read More »

Everything you always wanted to know about the USERRA

Ever wonder what the USERRA is? Well, wonder no longer. Read More »

A Look at Alvara v. The Department of Homeland Security
Reynaldo Alvara v. The Department of Homeland Security

The Alvara case posed an interesting question in MSPB appeals: is the inability to work overtime or a graveyard shift enough of a disability that it must be accommodated? The Merit Systems Protection Board did not think so. Read More »

A Look at Kloeckner v. Solis

For the matter of Carolyn Kloeckner v. Hilda Solis, the Secretary of Labor, the case went all the way to the Supreme Court of the United States. The main question was jurisdictional in nature – where should an appeal go if the Merit Systems Protection Board (MSPB) has dismissed a case but not on the merits? Read More »

MSPB Employee Appeal Process

Do you know how to file an MSPB employee appeal? Read More »

A Review of Dep’t of Homeland Security v. Robert MacLean
Dep’t of Homeland Security v. Robert MacLean

Robert MacLean revealed sensitive information then claimed protection as a whistleblower. Did the United States Supreme Court agree? Read More »

The History of the Merit Systems Protection Board
Do You know the History of the Merit Systems Protection Board? Early History (or rather, Pre-History)

In the early years of the history of the United States, getting a government job was essentially an act of patronage. If the people in charge liked you, and if you were loyal, then a job was yours. If they didn’t, or if the party in power changed, you lost your job. And so it went for over one hundred years. This meant that political bosses and machines arose, and corruption became rampant. Read More »

A Look at Mark Abernathy v. Department of the Army
Abernathy v. Department of the Army

The Abernathy case looks like it could be a game changer. This recent case raises an interesting question on the status of a whistleblower that comes from outside of Federal employment. Seeing as contractors often work side by side with Federal employees, this question is sure to arise again. Does the whistleblower have to be a Federal employee at the time of his or her blowing the whistle in order to benefit from the Whistleblower Protection Act? Read More »