| Comment Number: | OL-10504812 |
| Received: | 3/10/2005 11:06:02 AM |
| Subject: | Notice of Proposed Rulemaking, Request for Comment |
| Title: | National Security Personnel System |
| CFR Citation: | 5 CFR Chapter XCIX and Part 9901 |
| No Attachments |
Comments:
Attorney's fees: The new standard should not necessarily be "clearly without merit" but rather "if the employee prevails". In other words, if the Government loses the case, it pays. It is difficult now to challenge the Government even under the current standard which is a bit unreasonable. But it is a fallacy that the current standard has a chilling effect on DOD to carry out its mission. Like an organization as big as DOD would capitulate because of the little guy. Yeah, right. I've heard of Uncle going after people time after time just because they could. And DOD sometimes wins just because the little guy runs out of money for his attorney.