Monthly Archives: October, 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 received my last Official Pay Pool Notice which says that employees who are no longer covered by the National Security Personnel System (NSPS) on the day of a payout are not entitled to a performance-based payout. It goes on to say that all employees will transition out of NSPS prior to this date and therefore will be ineligible for an NSPS performance payout. Does this mean I will not…

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 employee feels that his supervisor is guilty of age discrimination, can the employee sue the supervisor directly for personal damages in addition to simply filing a complaint with the government? A: The supervisor cannot be sued personally. The action is against the agency. If you are successful in an age case, the remedy lies in compensation of back pay. Bill Bransford is managing partner of Shaw, 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 received a Single Scope Background Investigation in 2004 for a Top Secret clearance (SF86) and a National Agency Check with Local Agency Check for a Secret clearance in 2009. I was told during the previous investigations that once I disclosed an issue I would never have to answer that question again since it had already been investigated by the Office of Personnel Management. Is this true? A: No. You…

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 I use the Family and Medical Leave Act (FMLA) to have a total knee replacement in 2011, do I have to wait a full year after my return for FMLA coverage on my other knee? A: You are entitled 12 administrative work weeks in a year. The year starts when you first use FMLA and one year later you are entitled to another 12 weeks. Bill Bransford is managing…

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 recently refused sick leave under the Family and Medical Leave Act (FMLA) to care for my sister who is suffering from breast cancer and severe depress. I have also appealed the refusal to my manager’s supervisor. Are sisters included in the definition of a family member under FMLA? A: Sorry, Congress wrote the FMLA to only cover the employee and the employee’s spouse, children and parents. 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: Can a temporary part-time employee can apply and receive a merit promotion over a full-time employee? A: Yes, if the temporary part-time employee has civil service status or is selected based on a competitive process. 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,…

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 originally hired under a Non-critical Sensitive Position Description (PD) requiring a Secret clearance. Two months after I came aboard, my position was changed to a Critical Sensitive with a Top Secret Clearance Eligibility requirement. Is it legal to change the conditions of employment under which the employee was hired after the employee takes the position? A: Yes. The agency can change PDs and job requirements. It can even…

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 Department of the Army civilian. My command is experiencing some minor turbulence due to future Table of Distributions and Allowances (TDA) authorizations not matching current structure. I was told that I will be removed from my position and realigned to another position with different duties. This move is “necessary” because my supervisor’s position will no longer exist on the next TDA document. I feel that my command…

Doctors document their patients’ temperature and blood pressure. Police officers write up reports on traffic accidents. But, on a day-to-day basis, federal supervisors often do not document poor performance as they should. The No. 1 question employee relations specialists ask supervisors who want to take an adverse action is: Where is your documentation? If the documentation is lacking, chances are the adverse action will not take place. Why is documentation frequently not done? Some cite the press of other business; some say documentation takes too much time or doesn’t feel right, as if you are keeping tabs on someone. Documentation…