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Fired noncompetitive employees cannot sue.

Federal employees who are not in the competitive civil service system cannot sue the Government if they are fired or suspended, says the Supreme Court. Writing for the fivemember majority, Justice Antonin Scalia said that the Civil Service Reform Act of 1978 specifies that only employees in the competitive service are permitted to carry appeals of adverse personnel actions outside their agency. This excludes about 500,000 employees selected on a noncompetitive basis, except for those who are military veterans.

In dissent, Justice John Paul Stevens, writing for Justices William J. Brennan, Jr., and Thurgood Marshall, argued that employees selected on a noncompetitive basis could appeal personnel actions beyond their agency prior to the 1978 legislation, which did not change their rights.
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Author:Ruben, George
Publication:Monthly Labor Review
Date:Sep 1, 1988
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