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.
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