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 filed a claim for worker’s compensation in March and an EEO complaint in January and haven’t heard anything back. Is this normal? A: As to your “is this normal?” question on worker’s compensation, the answer is yes. Same answer to the EEO question. With some notable exceptions, such as the Merit System Protection Board, dealing with the government has many delays. Bill Bransford is managing partner of Shaw,…
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: Can a federal employee move from a GS-13 operations lead position to a contractor project manager position for the same contract company that had the operations contract? A: If you are talking about yourself, the answer to your question should come from your designated agency ethics official (DAEO). That person will answer your question. If you are talking about someone else, you can report your concerns to an IG hotline…
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 you retire under discontinued service, can you apply for unemployment? A: No. Bill Bransford is managing partner of Shaw, Bransford & Roth, PC. Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice…
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: Once an MSPB complaint has been settled, what rights does the complainant have to pursue a grievance on the same matter? A: The settlement agreement should have required you to waive your rights to continue to litigate the matter. So,you probably cannot also file a grievance. 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: I have 18 years of federal service and was just placed on a PIP. Will this cause me to lose my CSRS retirement? A: Your annuity is not threatened by a PIP, even if you are fired because you fail the PIP. Also, if you are fired for performance, you have enough years of service to retire and appeal to the MSPB at the same time. Bill Bransford is…
A challenge for managers is drawing meaningful distinctions among high-performing employees when assigning performance ratings. Some employees are used to regular ratings of “outstanding” and are disappointed or insulted with anything less, even a good rating of “exceeds fully successful,” or whatever it is called in your agency. In some agencies, the default rating is “outstanding” and the culture is that an “exceeds” can be awarded only if something negative can be articulated or an area of improvement can mentioned in the performance appraisal. In these agencies, “fully successful” ratings are left for poor performers. Rating inflation is inconsistent with…