VA reinstates 100 employees fired under widely contested law, pays $134 million to hundreds more

On October 30, 2024By Karl

The Department of Veterans Affairs has reinstated more than 100 former employees it once fired under a widely contested law that makes it easier to fire staff accused of misconduct.

The department also paid nearly $134 million to 1,700 former VA employees who were laid off during the Trump administration. VA Liability and Whistleblower Protection Act of 2017.

VA agreed to these actions as part of a settlement. Agreement reached with the American Federation of Public Employees In July 2023.

News outlets widely reported the general terms of the deal last year. But specific details of the deal were first reported earlier this month. Fox News And America First Policy InstituteBased on documents obtained through Freedom of Information Act requests.

A VA spokesperson said in a statement that the department “kept bad actors out of business and saved taxpayers hundreds of millions of dollars.”

Only 3% of 4,000 employees were laid off, ministry officials said. VA Liability and Whistleblower Protection Act of 2017 — about 120 people — returned to work at the VA, and no employees fired for gross misconduct were rehired.

“VA continues to hold every employee accountable for delivering the world-class care and benefits veterans deserve — and when they fail to do so, we take swift and decisive action,” a VA spokesperson said.

VA officials said the department under the Trump administration failed to negotiate with AFGE over implementation of the 2017 law and violated terms of its contract with the union.

The department defended its position in court between 2017 and 2023, but federal courts and arbitrators repeatedly ordered the VA to rehire employees it laid off under the 2017 legislation.

“The previous administration’s implementation of the 2017 law was repeatedly rejected by the courts; This puts the VA at risk of having to rehire people who engage in patient abuse, harassment and criminal activity — It charges taxpayers more than $1 billion,” a VA spokesperson said.

federal judges And Merit Systems Protection Board it also prevented many provisions of the VA Liability and Whistleblower Protection Act from covering the majority of VA’s workforce.

VA leaders decided that, starting in April 2024, the department will no longer use powers in the legislation to expedite the termination of employees accused of misconduct.

VA Secretary Denis McDonough He told reporters in March He said the legislation does not help the department fire poor performers and that the department has the tools it needs to hold employees accountable.

“To be honest… (it) wasn’t really helping us manage our workforce as much as it was getting us in front of federal judges and administrative agencies,” McDonough said. “So we want to make sure that we use the powers that we have.”

In a July 2023 settlement, AFGE and VA agreed to allow thousands of former employees fired for minor offenses under the VA Liability and Whistleblower Protection Act to choose between reinstatement or compensation.

As part of the settlement, AFGE and VA agreed to support the termination of hundreds of other former VA employees found to have engaged in gross misconduct.

Robert Wilkie, a former VA secretary under the Trump administration and now a distinguished fellow at AFPI’s Center for American Security, said the VA’s compensation and reinstatement of former employees “disappoints American veterans and taxpayers.”

“Those fired for mistreating American veterans should not even be allowed near the VA or even reinstated,” Wilkie said in a statement.

VA leaders under the Biden administration say they have the tools to discipline and fire employees accused of misconduct.

But members of the House and Senate VA committees have led bills this session of Congress that would change how the department deals with underperforming employees.

Last year, a bipartisan group of senators Leadership, Participation, Accountability, and Development (LEAD) Act of 2023.

The bill would standardize how VA files lawsuits against employees facing allegations of misconduct or poor performance and would train the entire VA workforce on the ins and outs of the process.

Senate VA Committee Chairman Jon Tester (D-Mont.), Ranking Member Jerry Moran (R-Kan.) and Sen. Along with Mike Rounds (R.S.D.), he introduced the legislation last year.

“While VA has the ability and authority to eliminate bad actors today, there may be delays and reductions in penalties due largely to inconsistent processes and paperwork deficiencies,” the senators wrote in a statement. summary of the bill.

The LEAD Act also calls on the VA to staff its medical facilities when employees under investigation are removed from their front-line medical positions.

VA’s top HR officials supported base items LEAD Act. But they House lawmakers’ efforts rejected Allowing the Department to once again expedite the dismissal of employees by using a lower standard of evidence to prove misconduct or poor performance.

Ministry officials said: Record high trust scores from veterans these are a sign that the VA holds employees accountable.

Meanwhile, VA announced breaking previous records, providing more healthcare and assistance to more veterans than ever before.

The department provided 127.5 million health care appointments to veterans in fiscal year 2024; This means a 6% increase compared to the previous year.

VA also provided $187 billion in benefits to 6.7 million veterans and survivors in Fiscal Year 2024. Processed more than 2.5 million disability benefits claims; This was up 27% from last year’s record.

“By nearly every measure, VA broke the records we set last year,” McDonough said Tuesday.

“This isn’t just more maintenance. This means better care worldwide and better health outcomes for veterans than in the private sector. “This is not only more benefits, but we provide faster, more accessible benefits by meeting veterinarians where they are, rather than waiting for them to come to us,” McDonough said at the National Press Club.

VA is seeing this record caseload under the PACT Act. The 2022 law expands health care and benefits for veterans exposed to toxic substances during their military service.

More than 796,000 veterans have enrolled in VA health care since the PACT Act was signed into law. This represents an increase of almost 37% compared to the nearly two-year period before the PACT Act was enacted.