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: After 23 years of government service, I was recently reassigned to a new job and new supervisor. I have not yet been placed on performance objectives, but my new supervisor has threatened to place me on a PIP after being unable to complete a task because I had an already schedule appointment. The next day my supervisor yelled at me in front of the office. I felt sick, submitted a…
Yearly Archives: 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: During the NSPS to GS conversion in June 2010, my base pay was reduced 10%. The reduction in base pay was not administrative or voluntary. Is this legal? A: If your base salary was reduced, you may have an MSPB appeal right. You might consider consulting an attorney or filing an MSPB appeal on your own to raise the issue. Non-probationary employees who have their base pay reduced are entitled…
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: When I first applied and was hired onto my position two years ago, the job required permanent residency. Since I have a green card and am a permanent resident, I was hired after an interview process and background check. Recently, I was told the position requires citizenship, and I have been stripped of my responsibilities. Is this allow under EEO and what are my rights? A: U.S. citizenship, with a…
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 security clearance is up for renewal in 3 years. Together, my wife and I have credit card and student loan debt that has been accumulating over the past 15 years from personal injuries and layoffs. My student loans are currently in voluntary forbearance but that will run out in three years and it’s the only reason they have not gone into default. What can I do to try and…
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 complained about the cancellation to replace unsafe flooring to my Commanding Officer, as well as to OSHA, DODIG and my Senator. I was terminated after my complaints and 24 hours before my probationary period was finished. Is there anything I can do? A: The U.S. Office of Special Counsel might consider your case if you can show the activity that led to our removal was protected whistleblowing. In general…
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 a targeted disability and qualified for Schedule A. I was terminated for poor performance from an entry level position during my probationary period after I asked for reasonable accommodations that would have helped my performance, but never received any. What are my options? A: The issue in your case is whether the poor performance conclusion of your supervisors renders you unable to perform the essential functions of your…
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 moved from a nonsupervisory position to a supervisory position for about 10 months and then was returned to my original assigned position after my request. I have asked for temporary promotion pay. Should my agency pay compensation for the detail to a higher graded position? A: Because you served in a higher pay band on your detail and that would equate to a temporary promotion, it appears that your…
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…
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…