GovernmentExecutive.com

The Veterans Affairs Department reached a settlement Wednesday with a housekeeping employee who claimed the agency fired her after she blew the whistle on her boss' affair, according to the Office of Special Counsel.

The employee alleged the VA fired her because she told her coworkers that her supervisor was abusing his authority by having an affair with a subordinate. According to the housekeeping employee, the subordinate told her she was getting preferential treatment because of her personal relationship with her boss.

The complainant accused the supervisor of bad-mouthing her to management and having her fired when he found out she told co-workers about the relationship.

The Office of Special Counsel, which is responsible for enforcing the 1989 Whistleblower Protection Act, determined there were reasonable grounds to believe the complainant was fired in retaliation for discussing the affair. VA, without admitting liability, settled the case and agreed to reinstate the employee and provide her with lost earnings.

In exchange, the complainant agreed to withdraw her complaint with the Office of Special Counsel.

OSC case, Jan. 30, 2002.

Quit Or Be Fired

In 1998, Postal Service officials found out that Jessie Teague, a distribution clerk, also worked for American Airlines. They told Teague he was in violation of the agency's conflict-of-interest policy, under which employees are prohibited from working for the Postal Service's competitors. Teague was given 14 days to either quit working for the airline or be fired. He chose to keep the airline job and was terminated.

Teague took his case to arbitration, saying he was fired because of his race. The arbitrator denied his claims, so in January 2001, Teague asked the Merit Systems Protection Board to review his case.

MSPB has jurisdiction only over appeals by postal employees who are veterans, supervisors or managers, or clerical workers who handle confidential matters. When an MSPB administrative judge asked Teague to provide evidence that he fit under those restrictions, he failed to do so, so the judge dismissed his claim for lack of jurisdiction. In June 2001, the board reviewed the case and affirmed the judge's initial ruling.

Teague asked the Federal Circuit Court of Appeals to review the board's final decision. After reviewing the case, the appeals court ruled that the board was correct in dismissing his appeal for lack of jurisdiction.

Jessie Teague v. Merit Systems Protection Board, Merit Systems Protection Board (Doc. #01-3310), January 10, 2002.