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 submitted a complaint to the Inspector General’s (IG) office concerning destruction/deliberating of mails by managerial sortation methodologies after upper management changed the method that certain mails were being sorted which was causing a higher rate of damage to the mail. I have heard nothing back from the IG’s office. What should my next step be? A: From reading your email, it sounds to me that you may have a…

The Merit Systems Protection Board is a small independent agency that sets rules for the federal workplace through courtlike adjudications of adverse actions. All employees in covered agencies who have completed their probationary or trial period have a right to appeal serious adverse actions such as suspensions of more than 14 days, demotions and removals. Following is a brief look at the issues and decisions in a few of the thousands of cases MSPB heard last year: • Whistle-blower protections. At issue in Parikh v. the Veterans Affairs Department, 116 M.S.P.R. 197 (2011), a physician at a VA hospital was terminated…

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 Q: How long does a person have to work under an invalid or out-of-date position description before they should legally expect that position description to be updated? A: You can request a desk audit. Also, your union can file a clarification of unit petition with the Federal Labor Relations Authority if it agrees with you that your position should be in the bargaining unit. 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: I have been having some issues at work lately and was referred to the Employee Assistance Program (EAP) by my supervisor. My EAP counselor recommended that I take a few weeks off to rest. When I requested time off, my request was denied. My boss informed me that since my EAP counselor was not a doctor the request did not have to be honored. He referred me to EAP in…

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: How does a federal employee’s grade level play in determining my competitive level for a reduction in force (RIF)? A: Your grade level determines your competitive level. Then the rest of the factors are applied to all of those in the same competitive level. 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…

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 employed with USMS but later resigned and obtained a position with another agency. I recently discovered that the USMS had eliminated my sick leave hours. Will I be eligible to obtain payment for the missing hours, the same as I received for my annual leave? A: No. You cannot receive payment for sick leave. You should, however, through some sort of an audit process, be entitled to 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: Is there any provision in the law regarding the processing time for annuities? I am 12 months into retirement and am still in interim pay status. A: Unfortunately, there is no time limit. The Office of Personnel Management (OPM) has been trying a lot of different techniques – including the recent hiring of an OPM Chief Technology Officer – to clean up the backlog. Bill Bransford is managing partner 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 work at the Executive Office of the President as a career employee. My supervisor recently updated my position description to accurately reflect the work I do. Human Resources reviewed it and said I am doing work above my current grade (GS-12). Although internal office management and HR both agreed and supported by promotion, two political appointees stopped it. They said that staff in the White House are paid less,…

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: Last year my performance review was all 4’s. Since that time I have received no grade increase and no step increase. This year my supervisor told me how much I have improved. Then, he gave me all 3’s and 2’s and refused to tell me how I “dropped the ball” or give me specific examples. When I showed him the review he gave me last year he accused me 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: How often are last chance appeals granted? A: Last chance agreements are voluntary on the part of both the agency and the employee. Your agency may or may not agree to one. If you are removed, you can appeal to the Merit Systems Protection Board and appeal for a last chance agreement or a settlement. The agency does not have to agree. Bill Bransford is managing partner of Shaw, Bransford…