Federal Managers Association
FEDweek
An MSPB hearing officer has said the agency lacks the jurisdiction to consider a key legal argument being used in challenges to the mass firings of probationary employees early this year: that the firings were “constructive” RIFs and should be overturned because agencies did not follow RIF policies.
The decision by an MSPB administrative judge appears to be the first in many cases brought both individually and as a group by fired probationers making that same legal argument. The appeal was brought by an immigration judge fired just weeks before his probationary period was to be completed and he would have gained the additional civil service protections for tenured employees.
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