No Jurisdiction Under Tucker Act to Review Contract Claim of Competitive Service Employee

more+
less-

In Charnetski v. United States, a federal employee sued the Government in the U.S. Court of Federal Claims for breach of contract when the Government cancelled a retirement plan that allowed the otherwise full-time employee to work part time until her retirement, and required her to either fully retire early or return to full-time employment. The Government moved to dismiss her lawsuit on the grounds that the CFC did not have jurisdiction because Charnetski was not hired under a contract, but rather hired by “appointment,” the federal equivalent of being hired “at will.” The court agreed, concluding that because Charnetski was a member of the competitive service, which includes all “civil service positions in the executive branch, and the civil service includes all appointive positions,” there was no contract to be breached and the court did not have jurisdiction over her claim.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Nancie G. Marzulla, Marzulla Law, LLC | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

CONNECT

Reporters on Deadline

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×