Monthly Archives: November, 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 am eligible to retire but my agency says I owe the government $60,000 because I left federal service several times years ago and took out my retirement accumulation. No one ever told me I’d have to pay the money back if I returned to federal service. Is it legal for them to charge me money plus interest over the years that I was working in the private sector? A:…

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: Prior to the National Security Personnel System (NSPS), I was a GS-13. My position did not convert to NSPS; however, I applied for and was selected for a supervisory position under NSPS. This position never existed under the GS system; it was the result of an organizational reorganization. When I converted back from NSPS to GS, I was placed in a non-supervisory, GS-13 position. However, I continued to perform the…

Q & A Session – Adequate Housing 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 accepted a one year contract to work for a federal agency in a very remote area. I am currently working under that contract. Before agreeing to the offered terms, I was given a tour of a home which was safe and acceptable to me. However, after I signed the contract, I was placed in very different housing – a forty-year-old trailer. The…

Q & A Session – Ranking Employees Within Same Grade 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 are rumors that my agency will soon reorganize, and I am concerned that I may be affected by a reduction in force (RIF). How would an agency rank three employees for retention if they are all GS employees of the same grade but with different steps and time-in-grade? Two employees have prior military service and one is receiving a…

Q & A Session – Veterans’ Preference and Involuntary Assignments 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 an employee of the United States Postal Service (USPS) and a preference eligible veteran with a disability rating of 30% or higher. The processing facility I work at may be closed, and I was wondering if I could be involuntarily assigned from a full-time position to a part-time position during a reduction in force (RIF). A: It is…

Q & A Session – Appropriate Compensation for Violation of Privacy Act 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 1974 privacy act is violated during an internal investigation of a staff member, what is the appropriate monetary compensation? A: A civil action can be filed in federal court for some violations of the Privacy Act, 5 U.S.C. § 552(a). if the violation is established, the plaintiff is entitled to actual damages, which are set at…