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 am considering using a credit counseling service to consolidate high interest debt to low interest, but have a security clearance. Will using this service alone jeopardize my security clearance or the ability to certify government funds? A: Using a credit counseling service alone will not jeopardize a security clearance. Failing to pay bills on time, assuming too much debt or filing for bankruptcy will cause questions to be raised…
Monthly Archives: February, 2011
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 hired under FCIP last June and I have been told I would increase two grades until I completed the program and one grade after completion of the program. However, with the transition of FCIP to competitive service, will I keep my GS grade progressions? A: My understanding is that current FCIP employees may continue their employment under the terms of their original appointment. Bill Bransford is managing partner…
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: Is DoD’s action to restrict certain employees from receiving a NSPS salary increase consistent with merit system principles? A: With the salary freeze, it is a tough time for all federal employees, particularly those in pay for performance systems. My understanding is that so long as you don’t lose pay the NSPS conversion is at the discretion of DoD. Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.…
The most frequent questions to the “Ask the Lawyer” column concern compensatory time and travel while on temporary duty (TDY). Given the interest and confusion, a brief review of the rules seems in order. The entitlement to compensatory time while on official travel was one of the major new entitlements of the 2004 Federal Workforce Flexibility Act. The entitlement applies to virtually all federal employees, except senior executives. It addresses the problem that since many federal employees are exempt from the Fair Labor Standards Act, they were often not compensated for time spent traveling outside their normal work hours. There…
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: With the new ruling on FCIP, does a former federal employee that is a veteran and was not converted under FCIP have any recourse? What recourse does a career conditional employee have that took a new job under FCIP and was not converted? A: FCIP employees who are not converted to competitive status have no recourse unless they can show illegal discrimination or retaliation because of whistleblowing activities. Bill Bransford…
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 working for the government for about 30 years and am 60 years old. I have been on sick leave for the past 6 months due to complications of PTSD and severe depression. I still have 3 more months of sick leave and 1 1/2 months of administrative leave left. I am currently being asked to set a date to return or start the retirement process. Can I…
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: Are there any rules that apply that say your supervisor has to give gifts to employees yearly? A: There are no rules that require a supervisor to give gifts to employees. There are rules that govern which federal employees may give gifts and the appropriate type of gift. These rules are governed by the Office of Government ethics and can be found here. Bill Bransford is managing partner of Shaw,…
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 official duty station has been my home for over 20 years, or that’s what I thought. I have always parked the government vehicle at my house, with proper authorization, and departed to various work places from there. I am now being told I am required to drive my personal vehicle to the office. I referred to the telework regulations that said if someone does not commute to the office…