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


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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Topics:  Breach of Contract, Employment Contract, Full-Time Employees, Jurisdiction, Tucker Act

Published In: Constitutional Law Updates, Labor & Employment Updates

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

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