Legal Meets Practical

It looks like the heat is under VA employees to prove they aren’t part of the catastrophic problems of one of our Government’s most important agencies. Or is it?

As I blogged previously, after the VA healthcare scandals (Phoenix in particular) received widespread attention, four senior VA employees were proposed for firing. And this wasn’t for mere incompetence – it was for engaging in shenanigans such as steering contracts to a specific contractor and doctoring records. Of those four employees, only one has now been fired, two have retired (presumably with full benefits), and the decision on the fourth has been delayed.

In addition to actions against these senior executives, over 5,000 employees have been proposed for disciplinary action since Secretary Robert (“Bob”) McDonald was confirmed on July 29 of this year.

“We don’t agree with that, we think they should be fired. Period,” said Stewart Hickey, national executive director of AMVETS, a major veterans advocacy group. “For vets to regain trust, some people have to be fired so people see there’s a consequence for their action and that’s part of rebuilding trust.”

Under new laws implemented by Secretary McDonald, any employee proposed for termination has a five-day window to respond to such action. While many veterans advocates (and critics of the VA) complain that VA employees should be fired outright for outrageous or fraudulent actions, the VA would face a class action lawsuit if it chose that route. Government employees have a constitutional property right in their positions, and to remove them from employment without due process would violate such right. This makes it really hard for the VA to “trim the fat,” so to speak (or, more accurately, to “cut off the cancerous moles”).

Accordingly, while working at the VA may be uncomfortable for thousands of VA employees right now, it’s unlikely that anything terrible will happen to them directly. They can thank the U.S. Constitution for that.

All criticisms aside – and this might be the holidays affecting me – I should also mention that the VA is not running rampant with terrible employees. It’s important to point out that there are many VA employees who truly care about its mission. I have personally dealt with individuals working at the Regional Offices who go above and beyond to ensue that veterans receive the benefits they deserve. Many veterans have relayed to me the outstanding care provided at VA medical facilities. The individuals at the Center for Verification and Evaluation recently took an OATH affirming their commitment to their mission towards veteran-owned small businesses. And at the National Veterans Small Business Engagement this year, newly-confirmed Secretary McDonald impressed veterans with his vision and practical approach to the VA’s huge issues. (I have to say I feel optimistic about his appointment).

Who knows what will come in the following months? VA employees might have a constitutional right to their jobs, but for thousands of VA employees, this right is being questioned.

And of course, no one is immune to media scrutiny and public criticism. This might be enough to induce the VA to operate more efficiently. After all, no one likes bad press.

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