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 with more than 35 years of service. From 2000 to 2004, I was a program manager for an agency. During that time, I discovered many past questionable activities within the program before my time there. In 2005, I submitted a report of my findings of the many alleged program deficiencies to my supervisors and requested program audit/review for this agency’s program. The deficiencies were 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 35 years of service with the U.S. Postal Service. I am under CSRS, 63 years old, and looking to retire soon. If I submit my paperwork now and then a buyout is offered before my retirement date, will I be able to take advantage of the buyout, or should I wait until the buyout is offered before I submit my paperwork? A: You should wait until the buyout…

As the November elections approach, federal employees need to be reminded about the Hatch Act, which imposes significant restrictions on their allowable political activity. These restrictions are important because the intent is to protect federal employees from undue political influence and to assure the public that career civil servants are not motivated by political concerns as they carry out their day-to-day responsibilities. Enforcement of the Hatch Act falls to the Office of Special Counsel (OSC) through cases it prosecutes at the Merit Systems Protection Board (MSPB). Pay attention to Hatch Act training and rules because a violation of the Hatch…

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: What have been the penalties imposed by government agencies for a first offense of misuse of government credit card (i.e. cash withdrawals while not in TDY status)? Have imposed penalties been consistent across Department of Defense agencies? A: Federal agencies, including all Department of Defense components, have similar disciplinary policies for misuse of government charge cards, which frequently fall under umbrella policies regarding unauthorized use of government property. Across the…

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 receiving the FERS supplement. I retired in 2006 at the age of 55. I was considered law enforcement. The supplement ends the month before age 62 (when I am eligible for Social Security benefits). Since I was “forced” to retire because of my law enforcement status, I would like to know if there are any provisions to extend the FERS supplement to age 66 (when I receive full…

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 called into the office late on Friday afternoon and was informed I had to resign by Monday at noon or be fired. The local union advised me to resign. I was informed that I was ineligible for any rehire at the agency. My SF50 says that I resigned for personal reasons. Since I am ineligible for rehire at the agency, is it a waste of time to consider…

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 resigned from the federal government in 2011 after being charged with a misdemeanor for unauthorized computer access to prevent being terminated. I have been fully rehabilitated and have completed my one year probation for which I was sentenced for the offense. Do you think I can get rehired with the federal government again? I just applied for a lower grade position with another federal agency. I’m concerned the past…

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 agency. I had scheduled a doctor’s appointment last week but had to cancel twice because of management. The second time, I had told them I had a doctor’s appointment and that the additional duties they requested I complete outside my normal work hours would cause me to be late for my appointment, but management refused to let me complete the duties another day. Can management…

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: False allegations of discrimination have been made against me by an employee I supervise. She made the allegations prior to mid-year evaluations – which I provide as the rating official. What are my remedies? Can I sue her? Who do I complain to? A: Your remedies are limited. Please see my Ask the Lawyer column EEO Complaints Rough on Managers, but Being Part of Process Helps. You are best advised…

Congress has always had oversight of the executive branch. Lately, it seems that this oversight function has operated more frequently and with greater intensity. And the political scapegoating of career employees appears to be at an all-time high. So what can you do if you find your federal career has become a target for a congressional investigation? In a congressional oversight investigation, you have a right to counsel and a right to plead the Fifth Amendment if your testimony can incriminate you. Beyond that, your ability to avoid, influence or control a congressional investigation is limited and largely controlled by…