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 DoD’s action to restrict certain employees from receiving a NSPS salary increase consistent with merit system principles? A: With the salary freeze, it is a tough time for all federal employees, particularly those in pay for performance systems. My understanding is that so long as you don’t lose pay the NSPS conversion is at the discretion of DoD. Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.…
Yearly Archives: 2011
The most frequent questions to the “Ask the Lawyer” column concern compensatory time and travel while on temporary duty (TDY). Given the interest and confusion, a brief review of the rules seems in order. The entitlement to compensatory time while on official travel was one of the major new entitlements of the 2004 Federal Workforce Flexibility Act. The entitlement applies to virtually all federal employees, except senior executives. It addresses the problem that since many federal employees are exempt from the Fair Labor Standards Act, they were often not compensated for time spent traveling outside their normal work hours. There…
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: With the new ruling on FCIP, does a former federal employee that is a veteran and was not converted under FCIP have any recourse? What recourse does a career conditional employee have that took a new job under FCIP and was not converted? A: FCIP employees who are not converted to competitive status have no recourse unless they can show illegal discrimination or retaliation because of whistleblowing activities. 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: I have been working for the government for about 30 years and am 60 years old. I have been on sick leave for the past 6 months due to complications of PTSD and severe depression. I still have 3 more months of sick leave and 1 1/2 months of administrative leave left. I am currently being asked to set a date to return or start the retirement process. Can I…
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 that apply that say your supervisor has to give gifts to employees yearly? A: There are no rules that require a supervisor to give gifts to employees. There are rules that govern which federal employees may give gifts and the appropriate type of gift. These rules are governed by the Office of Government ethics and can be found here. Bill Bransford is managing partner of Shaw,…
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 official duty station has been my home for over 20 years, or that’s what I thought. I have always parked the government vehicle at my house, with proper authorization, and departed to various work places from there. I am now being told I am required to drive my personal vehicle to the office. I referred to the telework regulations that said if someone does not commute to the office…
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 notice of proposed removal for poor performance after a PIP, however, I was informed that I meet basic eligibility for discontinued service retirement. If I elect to retire under discontinued service, do I give up my right to file an appeal with MSPB? A: An employee who is separated for poor performance after a PIP under the procedures on chapter 43 of Title 5 is entitled to…
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 discrimination complaint and am in the discovery process. Can I be fired for filing an EEOC complaint? A: It is illegal retaliation to fire someone solely because he or she has filed a discrimination complaint. The burden of proof is on the person claiming discrimination. In other words, you must be able to overcome or disprove the legitimate reason an agency will undoubtedly provide for a removal…
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 CSRS employee and looking to retire next year. I am divorced and wanted to know how to find out if I have any court judgments filed against my federal retirement? A: A court order can allocate a retirement benefit from the Civil Service Retirement System (CSRS) or Federal Employees Retirement System (FERS) as a result of a divorce. The court order must expressly direct the U. S.…
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 an employee entitled to compensatory time for hours worked above the normal tour of duty of eight hours after arriving at a TDY site? A: An employee on a TDY is only entitled to compensatory time off “for time in a travel status away from the employee’s official duty station when the travel time is not otherwise compensable.” 5 C.F.R. § 55.1401 (emphasis added); see 5 C.F.R. § 550.1403…