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 assigned additional duties and am doing the responsibilities of 1.5 employees. I have proved my case statistically, comparing my workload to same positions. Is it worthwhile to have a desk audit to ask for additional staff or to be compensated for the additional workload? A: Desk audits carry risks. They tend to be conservative and cognizant of upward grade creep that has occurred in many agencies. While…

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 become aware of a civilian employee who comes to work about an hour early in order to use the shower in our federal building. She is not on the clock or compensated for this time. If she is on federal property outside of working hours and is somehow injured, who is liable? Also, are there any federal regulations that state employees may not be at their place 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: What are the benefits, if any, to current USPS/federal employees who wish to join an Armed Services/National Guard Reserve Unit. Can one create an initial enlistment (Basic Training and Qualifying School) and return to work under the same status as when before they left…versus one who has prior service skills who rejoins at his/her liberty as a Reservist and has no effect to pay or seniority. What would be required…

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 informed that my employer told a co-worker of mine that “I must be sad/mad that she is pregnant because I cannot have any kids.” Three years ago, I disclosed in private to my employer that I will be having surgery regarding my reproductive organs due to a recent illness. Never once did I say I could not have kids. Is there anything I can do? A: Can you…

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, I am a GS-14, Step 5, with an agency in the D.C. area. I recently completed an interview for a competitive position within another federal agency in the same area. However, the position for which I interviewed is at the GS-13 level. I received initial indications from the hiring manager that I will be selected, but obviously I need to await official HR notification. Considering GS-14, Step 5, pay…

In this era of manager accountability under the No FEAR Act, any subordinate’s equal employment opportunity complaint against a manager should be taken seriously. The outcome of the complaint carries risk to the manager’s career. The reality is that managers have few rights in defending themselves against an EEO complaint. For the most part, they only have those rights that an agency might extend to them, in its discretion. To make matters worse, managers, just like other agency employees, who might be witnesses, have an obligation to cooperate fully in the agency EEO process. This means that a manager must…

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: When I accepted my current position, I argued that my college education should have boosted my grade level, but I was shot down, even though management supported me. Now my year is up and I should have received the grade increase but have not. Workforce says everything has been submitted and approved ahead of schedule, but OMB says “it’s not an entitlement” and I’ll get it when they get to…

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’m currently on a letter of requirement. I’ve been bringing my doctor notes to my boss and he has been accepting them. Now he wants me to start having the doctor state my illness or diagnosis for me or my family whenever I call out sick. Can he do this and not be in violation of my rights? A: Your supervisor may require that you provide sufficient medical information from…

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: A supervisor decided to modify the work space cubicles of Federal employees by taking two Government employee cubicles and converting the office space of the two cubicles to a three (3) cubicle work space, therefore making the work space smaller and more restricted. This configuration forces Government employees to spend their duty day in a very restricted office space. Now, all the spaces are smaller for all Government Employees with…

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: Several people in my organization have received promotions from GS 7-9-11-12. Others from GS 9-11, and some from GS 11-12-13 with all of them occurring in a “drug deal” behind closed door fashion, which I believe may have violated federal merit principles. I, however, have been denied the same kind of promotion. Can I file an EEO complaint based upon age, race and gender discrimination? I am over 50 years…