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 legal for one federal employee to get a temporary promotion over another if the individual who received the promotion does not have as much experience and has never been in the acting GS-15 position, while the other employee has?
A:
Yes. There is a merit promotion plan at your agency that governs this. The selected does not have to be the most experienced employee. The merit system envisions that the best employee is selected. It is not perfect because management discretion allows deviation from a strict seniority system.
Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.
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