Federal Employee Insights Podcast

Navigating Political Termination: Lessons from the Starkey Case

Summary: This guide reviews key takeaways from the "Federal Employee Insights" podcast episode on the Lois Starkey v. Department of Housing and Urban Development case. It focuses on practical advice for federal employees facing potential politically motivated termination, even during their probationary period. The case was decided by the MSPB on March 22, 2024. 

A pdf download of the MSPB decision is available at https://www.mspb.gov/decisions/precedential/Starkey_Lois_A_DC-315H-18-0258-I-4_Opinion_and_Order.pdf   

GovExec article: https://www.govexec.com/oversight/2024/03/mspb-political-firing-case-raises-new-questions-schedule-f/395352/

Lois Starkey and Her Federal Experience 

Lois Starkey was hired by the Department of Housing and Urban Development (HUD) in 2017 as a GS-14 Manufactured Housing Specialist. Despite receiving an "outstanding" performance rating, Starkey was fired after only five months into her probationary period.  The reason given for her termination was that she shared sensitive information. However, the Merit Systems Protection Board (MSPB) determined that her termination was actually **politically motivated**. 

2017:

• Early 2017: Lois Starkey is hired as a GS-14 Manufactured Housing Specialist at the Department of Housing and Urban Development (HUD).
• First five months of employment: Starkey receives an "outstanding" performance rating.
• Within five months of hiring: Starkey is terminated during her probationary period, allegedly for sharing sensitive information.

2018 - 2024:

• Unknown Dates: Starkey files an appeal with the Merit Systems Protection Board (MSPB), alleging her termination was politically motivated.
• Ongoing: The case gains media attention, raising questions about the use of Schedule F appointments and its potential to facilitate politically motivated firings. GovExec article link: https://www.govexec.com/oversight/2024/03/mspb-political-firing-case-raises-new-questions-schedule-f/395352/

March 2024:

• The MSPB releases its decision, finding in favor of Starkey and determining that her termination was indeed politically motivated.

Key Themes:

• Documentation is Crucial: Meticulous record-keeping of performance evaluations, emails, and verbal commendations can be vital in defending against unjust accusations.

• Adherence to Procedures: Familiarization with agency policies and obtaining clear instructions from supervisors in writing are essential protective measures.

• Building a Support Network: Maintaining positive relationships with colleagues and supervisors can provide crucial support during challenging times.

• Awareness of Political Contexts: Recognizing potential political pressures and documenting unusual scrutiny or treatment can help build a strong case.

• Understanding Employee Rights: Even probationary employees have certain rights, and understanding MSPB and EEO complaint procedures is vital, along with your rights under a collective bargaining agreement.

Recommended Actions:

• Consult with an attorney specializing in federal employment law, or your union if you are a union member or bargaining unit employee, if facing potential discrimination or termination. If you are covered by a collective bargaining agreement but not a union member consider joining the union. Union dues are used to procure legal advice and representation and to fight cases in arbitration, court, etc.
• Gather evidence strategically, including timelines, emails, documents, and potential witness testimonies. Keep copies at home in case the Agency erases work computer documentation. 
• Respond thoughtfully and specifically to any allegations, providing counter-evidence whenever possible.
• Familiarize yourself with the appeal process and grievance rights, including deadlines and options like EEO counseling or alternative dispute resolution.
• Maintain professionalism throughout any disputes, adhering to agency policies and avoiding discussions with coworkers about the case.
• Keep a diary! The Sharkey case was filed in 2017-2018 but the decision came out in 2024. Your memory will fade. So keep a log of events and include details to help you remember years into the future what was going on (describe what happened, who was there, what was happening around you, the date and date). Also include how you felt. Include how you are coping with the situation. Keep records of any stress related illness, physical and mental health challenges. Keep copies of medical bills in a separate file in case you are reimbursed for medical costs. This will be useful when you need to look back through what you've gone thru, especially when your mind starts playing tricks on you or you feel like you're losing your mind. 

• MSPB (Merit Systems Protection Board): An independent agency that safeguards the merit system principles in federal civil service and protects federal employees from unfair personnel practices.
• EEO (Equal Employment Opportunity): Laws and regulations that prohibit discrimination based on protected characteristics like race, religion, gender, and national origin.
• Probationary Period: A trial period for new federal employees, typically lasting one year, during which they have fewer job protections than permanent employees.
• Political Discrimination: Treating an employee unfavorably because of their political beliefs, affiliations, or activities.
• Termination: The formal ending of an employee's employment relationship with an organization.
• Appeal: A formal request to review a decision, often made to a higher authority or court.
• Alternative Dispute Resolution: Methods of resolving disputes outside of traditional court proceedings, such as mediation or arbitration.
• Due Process: Fair treatment through the judicial system, including the right to be heard, present evidence, and appeal decisions.
• Chain of Command: The official hierarchy of authority within an organization.
• Witness Testimony: Evidence given by a person with knowledge about the facts of a case, often used to support or refute allegations.

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