Is It Constitutional to Make VA Execs At-Will Employees? (Article)
Debra Roth, Partner, Shaw Bransford & Roth P.C., a federal employment law firm, was quoted in the GovExec article, "Is It Constitutional to Make VA Execs At-Will Employees?" in May 2014.
A bill to ease the path to firing senior executives at the Veterans Affairs Department could face constitutional challenges, according to legal experts familiar will federal employment law.
The 2014 VA Management Accountability Act, which has cleared the House and a Senate committee, would allow the VA secretary to waive the normal 30-day period in which federal employees are notified of their forthcoming termination or demotion and can challenge the decision. Legal experts, however, said the bill is unconstitutional on the grounds it violates due process protections.
Cheri Cannon, an attorney for the law firm Tully Rinkey who has held several Senior Executive Service positions across government and headed SES policy at the Air Force, said senior executives are afforded essentially the same rights as General Schedule workers under Title 5 of the U.S. Code. That statute guarantees federal employees due process protections at the workplace.
News source: GovExec