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: In 1999, I switched from CSRS to FERS. It was a good deal for me at the time because I was facing a possible RIF and had over 10 years remaining of government service, where I could take my federal Social Security with me into another private career. I have almost 30 years of service and will be eligible for retirement in 10 years. If Congress passes the elimination 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 heard that a retiree can get a pension and unemployment because of a hostile work environment. I had to retire after 29 years as I have had horrible nightmares every night and still do about the job. My pension is not enough to live on, as I now pay for medical insurance and other expenses. Should I apply for unemployment? I would have kept working but it was unbearable…

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 under FERS and retired June 30, 2011. I have yet to get a full retirement check. I know I am one of many in this situation. Can retirees as a group sue OPM for our back pay with interest and penalties? A: There is no authority to sue OPM. Congress, however, is closely watching OPM, which recently improved its retirement backlog. 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 wanting to write you ever since I read your article in the Federal Times on “Handling Disrespectful Behavior.” Your article discussed disrespectful subordinates. I would like to hear your view on disrespectful supervisors. What constitutes disrespect in the treatment of subordinates and what should they do about it? A: Supervisors, of course, should treat their subordinates with respect. Those supervisors who do not do this are opening…

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: Currently, my agency has an augmentation roster in place where they pull non-custody staff and place them in a custody post to cover when a correctional officer calls in sick or has to go on a medical trip. It is supposed to save on overtime. I am paid through the trust fund department. It is my understanding that trust fund money paid employees cannot be used to work a custody…

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 a question about the 59 minute rule. Does it exist and what is the regulation that covers it? A: No. there is no 59 minute rule just as there is no rule on administrative leave. The 59 minute rule is a custom and may, in some workplaces, be a past practice. In fact, it is conceivable to me that the 59 minute rule may have found its way…

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 federal employee and I have a workers comp case for a repetitive motion injury and I just learned that my employer hired an investigator to follow me and see if I am truly limited. While I understand that they apparently do have the legal right to go this far, does my employer have the legal right to give the investigator my social security number to run 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: In a nut shell: bully boss; hostile work environment; nothing done by HR or Union. I was granted medical retirement without a real resolution to my written report of hostile work environment. I think I was granted retirement just to “go away.” What recourse do I have? A: Once you are gone on a disability retirement, your options are limited. You can complain and hope that higher level management acts.…

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 PDPP physician and supervise contract physicians and PAs, all in primary care, for the Air Force. We are continually told by program managers that, because we are professionals, we are expected to work more than 40 hours per week. We get a lunch break less than ten times per month, average 50-55 hours per week and are told we are not eligible for overtime or comp time.…

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 removed from my position at a federal agency that hired me under the FCIP. I served two years and four months with this same agency and under the same position. On the last day of the 28th month of service, I was given a letter stating that I was not being converted to a career/career conditional position and I was shown the way out the door. Can the…