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 I be disciplined for using my own personal credit card to purchase to robot demonstration for an agency program? Before the program, I asked the ethics office if I could use my own funds and they asked why I would do that. I went ahead and did it, and the next week was yelled at in a staff meeting. A: The answer to your question depends on your agency’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: In 2009, I fell and broke my ankle. I had two surgeries in January 2010 and January 2011. My work fell behind due to my disability and was given no accommodation. My work load actually increased during those periods. Before my injury, I received ratings of 3 but then I was given a written Performance Improvement Plan with bad marks on data entry. I did, however, receive high marks for…

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 approved annual leave be canceled by a federal supervisor to make the federal employee complete paperwork? A: Yes. You may file a grievance, but managers can cancel pre-approved annual leave for mission-related reasons. 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 intended – but not promised, guaranteed, or…

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: Do agencies dislike putting their managers in the “hot seat” for a deposition in an EEO hearing? I realize the pressure of a deposition on a manager, because I will be asking very specific, pointed questions that the investigator did not ask during his investigation. Do most agencies settle before the actual deposition takes place or right after when they see how poor the manager performed at the deposition? 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: How can I request information on my sick leave balance from when I resigned from the U.S. Postal Service in 1988? A: You will have to find someone at the Postal Service who has access to your sick leave records. Start with HR. There must be a record somewhere. Bill Bransford is managing partner of Shaw Bransford & Roth PC. Disclaimer: Ask a Lawyer publishes information on this website for…

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 held the same position for approximately six years. I have attended periodic training that is pertinent to my job. Two years ago, I got a new supervisor who is being career laddered into the position. She has been scheduled to take the same training that I have taken, but has canceled every time she is registered. This isn’t her entire job, but she is ultimately responsible for the…

Most federal employees have a sense that discrimination based on age is illegal. If that’s true, why do most law enforcement officers and firefighters have a mandatory retirement age, usually 57, and most air traffic controllers face mandatory retirement at age 56? Congress passed laws both prohibiting age discrimination for most federal employees and requiring mandatory retirement based on age for limited occupations. A review of the rules is helpful to understand how these seemingly contradictory principles can co-exist. The age discrimination ban is intended to prevent employers from favoring younger employees at the expense of employees older than 40…

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 Reduction in Force in October 2011. I am 55 years old and have been verbally offered a job in Arizona. I am still waiting for the documented offer. The wage grade I retired from was WG-10. The new wage grade I am sure will be lower with a different locality pay. My present retirement income is $1,300 a month. Will I be subject to a pay reduction?…

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 federal employees who are stationed overseas eligible for Family and Medical Leave Act coverage? A: Yes. 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 intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do…

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 supervisor at an Army medical clinic in charge of numerous civilian employees. After a recent HR issue, I was instructed to remove objectives involving “behaviors” from the employee appraisals, even though the evaluation report used by the Army requires ratings for “working relationships and communications” and “responsibility and dependability.” Is there any specific guidance regarding the scope, content and structure of performance objectives measured in annual employee…