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: Recently, my supervisor produced a PAR for me on or about May 14, 2010 and backdated the PAR to October 22, 2008. I was not given the opportunity to sign, nor informed the PAR was placed in my personnel file. Is this considered falsifying official government documents? A: This question is difficult to answer without more information. The real issue presented, however, is whether—even if you can prove backdating to…
Monthly Archives: May, 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: If the government shuts down, would furloughed employees retain their Federal Employee Health Benefits coverage? If a federal employee were on FMLA leave during a furlough, would the time on the furlough be deducted from the leave time? Can a federal employee use accrued paid leave during a furlough? A: In the event of a government shutdown, the Office of Personnel Management has assured employees that even if they are…
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: Does a federal employee have to work for the same agency for 12 months in order to be eligible for FMLA? Could previous military service be considered for the 12-month requirement? A: Yes, federal employees must have 12 months as an employee. Prior military service does not count. Bill Bransford is managing partner of Shaw, Bransford & Roth, PC. Disclaimer: Ask a Lawyer publishes information on this website for informational…
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 you provide a complete analysis of the Douglas factors from a case concerning unauthorized use of a computer system? A: The Douglas factors are a list of twelve issues which are widely used in determining the appropriate penalty for the non-criminal misconduct of a Federal employee. They are named for the case in which the factors were first outlined, Douglas v. Veterans Admin., 5 M.S.P.R. 280 (1981). The Merit…
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 an individual was removed from federal service, appealed the action to the MSPB and accepted a “clean record” settlement agreement in exchange for voluntary resignation, how does that individual legally and honestly answer some of the questions found on legal documents? For example, some of the questions ask if anything has happened in the last five or seven years and lists such things as: “left my job by…
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: To took a promotion to the GS system out of the NSPS system. I was assigned step 1, which is not where I would have been if I had remained GS throughout my career. This affects my CSRS “high three” computation, as well as my final years of federal service. The Merit Systems Protection Board said they had no jurisdiction in 2008 and the Office of Special Counsel concurred. What…
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 prohibiting a federal employee from being compensated as a consultant for another agency where they do not work if the work is done on their off hours or during annual leave and is not a conflict of interest? A: There are not necessarily rules prohibiting such work, but such arrangements can be heavily regulated and conflicted. Contact your designated agency ethics official with full information about…
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 evaluated using the Total Army Performance Evaluation System and one of my objectives is to have no accidents. If I do, I am supposed to receive a less than successful rating on that objective. Doesn’t this discourage employees from reporting accidents and getting compensation available to them? A: Base on the interpretation provided by the Federal Circuit Court of Appeals, performance standards may be written to expected perfection,…
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 base was part of the new BRAC law regarding joint baseing and three similar unions were transfer into one new joint base organization. We currently have three CBAs and were advised by the employer that they will no longer stand. Aren’t the current CBAs or past practices and policies still in place until a new agreement is reached? A: Your unions have staff to deal with the intricacies of…
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 excepted service and was placed in leave without pay status by the USPS about six months ago. I’ve been given no news from the agency. How long can LWOP last and what are my options? A: If you’re a full-time permanent employee, forcing you to an LWOP status could be an illegal suspension. However, your collective bargaining agreement may also shed some light on your status if you…