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Favorable Second-Level Determination Obtained for Federal Employee

By letter dated August 7, 2012, the U.S. Office of Personnel Management (OPM) issued a determination on appeal that one of our clients — a U.S. Department of Army employed based in Oklahoma — had not knowingly evaded his obligation to register with the Selective Service System.

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Marc J. Smith Selected by Xperthr as Contributing Author

Recently, Marc was selected by XpertHR, a comprehensive on-line resource for human resource and other employment specialists, to be a contributing author on various issues relating to employment law in the Commonwealth of Virginia.

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OPM Issues Favorable Determinations in Failure to Register Cases

During the course of the past four months, the U.S. Office of Personnel Management (OPM) has issued favorable determinations in three separate Selective Service cases involving individuals who failed to register with the Selective Service.

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Supreme Court Issues Decision in Selective Service Case

As reported last fall on this blog, on October 17, 2011, the United States Supreme Court agreed to hear Elgin et. al. v. United States Department of the Treasury, et. al., a case involving a group of federal employees who were terminated and/or had job offers rescinded because of their failure to register with the Selective Service.

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Marc J. Smith Has Second Appearance on “Law School for The Public” to Discuss Worker Misclassification

Recently, I was invited for my second appearance on “Law School for the Public” — a television series produced by Montgomery Community Television/Montgomery Community Media that runs on cable channel 19/21 on Comcast, Verizon and RCN in Montgomery County.

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Another Favorable First Level Determination Issued by OPM

As I have written previously, from a historical perspective, the U.S. Office of Personnel Management (OPM) has almost always issued negative determinations with regard to first-level reviews in Selective Service failure to register cases, no matter how favorable the facts.

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OPM Issues Favorable Ruling During First-Level Review

When an individual petitions the U.S. Office of Personnel Management (OPM) for a determination whether that individual's failure to register with the Selective Service was “knowing and willful,” there is typically a two-step process involved.

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Favorable Selective Service Determination Obtained for High-Level Government Official

Recently, we had the pleasure of representing a very high-level government employee of one of the largest federal agencies in the U.S. Government. Our client, who started his federal career 21 years ago as a low level postal employee, had worked his way up to the highest echelons of his present agency.

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OPM Rules in Favor of Client Despite Fact that Selective Service Had No Record of Registration

On December 1, 2011, OPM issued a favorable determination on behalf of another client with a Selective Service registration issue. Our client, who was born in the United States, specifically recalled mailing his registration form soon after he turned 18 years of age.

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What Does the Future Hold for Males Who Have Failed to Register with Selective Service?

In the past several years, we have handled a significant number of Selective Service “failure to register” cases and have received favorable rulings from the Office of Personnel Management (“OPM”) on each.

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