Q & A Session – Contractor to Federal Employee

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

I have worked as a contractor for over nine years with 30 other contract employees. Recently three contract employees were made federal employees, but the rest of us were still contractors. Is it legal for the government to promote only certain employees? How does the government choose which jobs become federal positions?

A:

This question cannot be answered fully without knowing the hiring authority under which the other individuals became civil servants. The short answer is that some valid hiring authority needs to be used and there should be some element of competition with it. If the rules are followed there is little that can be done except for an EEO complaint of discrimination.

Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.

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