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 a law enforcement veteran who sustained an injury while in the performance of duty. I was placed on workers’ comp. Due to reporting errors by the agency, I had to use leave instead of COP. Is it possible, that due to the agency erroneously controverting the original claim, that I have the right to regain lost leave? A: According to the DOL website, an employee may use annual…
Monthly Archives: April, 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: When an employee is in TDY status, should the employee be paid for the travel time he or she in a government vehicle if it is outside of normal working hours? If an employee has a start time of 6:00 a.m. are they required to report to the vessel at 6 a.m. or start travel to the vessel at 6 a.m.? A: As addressed in our article “TDY and Comp.…
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 it possible for a fired injured postal worker who was injured on the job to revisit a claim for compensation? If so, what are the time limits? A: Because you are no longer employed by the Federal government, you should submit the completed form to the Federal agency where you last worked when the injury or disease was sustained. It is unclear whether you have already filed a claim…
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: There is a lot of favoritism shown in my agency. What is the best way for management to avoid it? A: Your question does not have a specific answer. Instead, it is rooted in leadership, fostered and developed in training and career development of future leaders. It requires a lot of hard work to change what you describe as a dysfunctional culture. 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: I have a same-sex partner and saw a notice that as of July 1, federal employees will be able to add their same-sex partners to their long-term care polices. A later memo said that same-sex partners and their children could be eligible for child care subsidies and services, credit union membership, fitness facility and counseling services, life insurance, and other forms of employee assistance. Does this mean my partner could…
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: If my husband and I were to sell our house in a short sale, would this have a negative impact on my ability to keep my security clearance? A: A short sale could be a factor in a security clearance adjudication, but does not necessarily mean you will lose your clearance. It depends on many other factors, including whether a short sale is being chosen to avoid financial responsibilities. Bill…
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 received a proposed possible removal from service due to alleged misconduct. If I lose my case, what will happen to my retirement and TSP? Should I retire since I am 59 and can with less annuity? If I am removed, can I be hired by another agency? A: I can’t give you specific advice on whether to resign. If you lose your case you certainly can receive a reduced…
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 I submitted allegations of EEO discrimination and an informal investigation was completed, I was transferred to another agency for being disruptive and causing lack of productivity. That’s something I have never done. Can I hold the agency and it’s leadership accountable for not taking any action against my supervisor and transferring me? A: The EEO system will adjudicate your complaint. You also may file a retaliation complaint for 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: What is mandatory retirement? Couldn’t this be considered age discrimination? A: Age discrimination is a federal statute. Mandatory retirement for law enforcement and air traffic controllers is a federal statute. Yes, Congress is allowed to enact legislation setting forth discriminatory treatment for different groups of people. Bill Bransford is managing partner of Shaw, Bransford & Roth, PC. Disclaimer: Ask a Lawyer publishes information on this website for informational purposes…
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, two successful EEO discrimination complaints against my manager, she was promoted. I was told that the EEOC or ALJ does not have the authority to order an agency to take disciplinary action against a manager, but they can suggest it. Are there any instances where an agency could be ordered to impose disciplinary action? A: No, Congress would have to change the law. Bill Bransford is managing partner…