One of the most valuable commodities in and around the federal community is the security clearance. A clearance is not a legal right, but rather a status granted by the government as an indication of trust placed in an individual. Even though federal employees and contractors do not have a right to a clearance, it cannot be taken away from someone without some due process. Part of this due process includes a recitation of reasons and circumstances that could result in the loss of a clearance. These are called “adjudicative guidelines” and they are consistent governmentwide, even in agencies such…
Monthly Archives: November, 2010
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: My father passed away last year without picking a beneficiary for his pension. My mother recently received a letter stating that she would not receive his pension since he did not designate her as the beneficiary. Shouldn’t she be receiving his pension? A: If your parents were married when your father retired, he cannot simply abandon your mother by signing away her survivor rights unless he had her written consent…
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 was a federal employee for 11 years and had an on the job injury in 2003. For the past year, I have not been working due to the reoccurrence of my injury. Would you suggest an early out or disability retirement? If I selected an early out, would this relieve the government of future medical responsibilities? A: Unless you have other federal service, you do not appear to meet…
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: What is it called when a federal manager tries to stop an employee’s attempt to file an EEO complaint? How serious is this type of violation? A: Trying to stop any employee from exercising EEO rights is reprisal, plain and simple. It’s a very serious violation and often easier to prove than the other types of discrimination. Bill Bransford is managing partner of Shaw, Bransford & Roth, PC. Disclaimer: Ask…
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 been notified that OPM made an overpayment to my FERS retirement. How do I know if I was actually overpaid and how do I fill out the financial questionnaire that was sent to me? A: I cannot answer your question with the information provided. OPM will attempt to recover erroneous payments. I do not know if OPM’s calculations are correct. The financial information request is most likely to…
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…
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: Can an employee in a higher grade level with a lower competitive level bump or displace an employee in a lower grade level with a higher competitive level in a reduction in force? A: “Bumping” is unavailable because you may only bump employees in lower tenured groups than you, rather than vice versa. However, you may be entitled to “retreat” rights, which means that you could displace an employee on…
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: Please provide me with the legal authority by which a personnel action can be authorized and issued for an employee who fails a PIP, is fired for poor performance and opts for a discontinued service or early retirement. A: The problem with an answer to your question is there is no specific legal authority. It used to be contained in the old federal personnel manual. The best I can do…