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 do I have to file a case with the Merit Systems Protection Board (MSPB)? A: Thirty days after the effective date of the personnel action. Your agency should have advised you of this. If it did not, the MSPB might waive the deadline. Bill Bransford is managing partner of Shaw Bransford & Roth PC. Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information…

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 non-supervisory position be appointed as a supervisor of another non-supervisory employee? The duty position description clearly shows that it is not a supervisory position. A: Yes. But I would not call it a supervisory appointment, but rather a designation. 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…

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 for a federal research agency. My primary duties include measuring environmental conditions in remote locations. On any given day, I am required to travel on short notice to field sites up to 100 miles from my official duty station, collect measurements, and return to the office. Since this is a routine duty, my supervisors do not ask for, or require me to, fill out a request for travel,…

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 regarding travel time between two locations. As a NAF employee for the Army, I sometimes am asked to attend a meeting in another location, about 30 minutes away from where I normally work. After the meeting, I am required to drive to my normal duty station and finish out my day. All this driving is done in my personal vehicle. Am I supposed to be compensated…

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 currently involved in a scuffle with another employee from my agency while on TDY. This occurred afterhours at the hotel we were staying at. I am currently on administrative leave pending the results of the investigation. Does my organization still possess jurisdiction over me afterhours while on TDY? A: Yes, your Federal employer may place you on administrative leave, conduct an investigation, and/or discipline you for having 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: I own a home at my permanent assigned station which is 300 miles from my TDY location. I’m considering purchasing a home within 50 miles of his temporary duty station. Once he purchases that home does his status on TDY (living expenses, travel, etc.) end? Is he required to notify his agency that he now owns a home in his TDY area? Or is it okay if he lives part-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: Sometimes I travel to a TDY location that is four hours away. My supervisor says that I have to start work on my travel day to complete the eight-hour workday. Is this correct or am I allowed to stop for lunch, check into my hotel, and clean up? I always thought that the sole purpose of a travel day was for travel. Could you please clarify this? A: Whether on…

Over the next few months, many federal employees will receive performance ratings. Some may believe their ratings to be unreasonably low. What can be done? There is a review process for most employees, but that process generally functions within the agency’s control (with exceptions for bargaining unit employees and successful equal employment opportunity complainants) and is often criticized as being unfriendly to complaining employees. Nonetheless, an appeal might be successful if an employee is careful, thorough and able to strike the right notes. Appeals take numerous forms. Following is a summary of different groups of employees and how the processes may differ.…

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 should federal employees calculate compensatory time earned for official travel when traveling to different time zones? A: When determining the amount of compensatory time earned by an employee for official travel, the election of which time zone to utilize when selecting your travel start and end times is immaterial, as the employee should be compensated for the total sum of the amount of time spent traveling, regarding of which…