Monthly Archives: January, 2013

Q & A Session – Disciplinary Action

0

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 stopped for a speeding violation and then arrested for a DUI. I called my supervisor 9.5 hours prior to my scheduled tour the next morning. I received an admonishment before I went to court. I subsequently had the charges dismissed. If I take the admonishment to arbitration under a collective bargaining agreement with my union, will I have any chance of having the admonishment removed? I have no…

Q & A Session – Award Money

2

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: Our agency has not given out our award money since October 2011, which is a clear violation of our contract which states that the award money should be paid expeditiously. The union alleges that the money has been allocated but not dispersed to the employees. Where can I file my complaint on this clear violation of our contract? A: Your union files the complaint. If they think the collective bargaining…

Q & A Session – Requesting Advance Sick Leave

0

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 recently put in a request for advance sick leave in an attempt to cover myself for 96 hours of leave without pay. I had returned to duty and requested the advance sick leave before the end of the current pay period that I was requesting it in via email. The problem I am facing is that they are trying to figure out if the request for the sick leave…

Q & A Session – Possible EEOC Issue after Department Withheld Travel Reimbursement

0

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 currently in a situation where a travel reimbursement is being held due to irregular paperwork. I was in a carpool that gets a travel reimbursement if it has seven or more persons. For six months, we all submitted the same paperwork and all got reimbursements. At month 7, I received a letter stating that my reimbursement paperwork was irregular and, due to department procedures, need to submit additional…

Q & A Session – Prohibited Personnel Practice?

0

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 military organization where the leadership routinely allows for and then creates positions for military service members who are already in the organization who are getting ready to separate/retire and then places them into the position after they separate from the military. To me, it’s basically a preselection for the position. Is this legal? Can they create and then fill positions with someone already in mind for…

Q & A Session – EEO Investigator

0

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 recently received the investigator’s report pertaining to my EEO complaint. One of my co-workers was interviewed. In the report is a statement from my co-worker that reads “I did not know she had ___ mental illness.” The specific mental illness was disclosed. Was it a violation of the Privacy Act when the investigator disclosed my medical condition? Or did I waive my rights in the EEO process? A: Assuming…

Q & A Session – Oversea Return Rights

0

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 promotion to a GS-13 Supervisor when the incumbent was hired overseas approximately four years ago. I was not notified nor asked to sign anything acknowledging that the person had return rights to my position at the time I accepted the promotion. This person’s overseas position was abolished so they exercised their return rights. Personnel is returning this person to my current position and establishing an overhire/excess position…

New whistle-blower law helps guard against manager retaliation

1

Late in the actions of the 112th Congress, the 2012 Whistleblower Protection Enhancement Act finally passed both houses of Congress and was signed by the president. This is the first meaningful whistle-blower protection reform since 1994. It will now be easier to protect whistle-blowers and take disciplinary action against those who have retaliated against them. The reality for most managers is that for the past decade or longer, whistle-blower issues have not been a part of their workplace dynamic. Because of a series of court decisions, mostly in the late 1990s, would-be whistle-blowers found it difficult to get protection, and…

Q & A Session – Military Supervisor Disrespectful to Civilian Supervisor

0

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: At a meeting which was set up to allow the various section heads in my command to discuss each section’s top five issues, a supervisor took over the meeting and dismissed my concerns in front of the rest of the personnel in the meeting. I tried to explain my position, but she persisted in dismissing my opinion. After the meeting, I asked to speak with her and tell her that…

Q & A Session – Hiring Selection

0

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 on retained pay, GS-13 Step 00. I interviewed for a GS-14 position and was not selected. Informally, two of the three members of the hiring panel said I scored much higher than the person chosen by the Selecting Official. Both members of the hiring panel said they are troubled by what happened. Do I have a right to ask for the panel scores through the Freedom of…

1 2