Monthly Archives: February, 2013

Agency must accommodate disability

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Being disabled is the one protected category of illegal discrimination that any of us can join on any day and without notice. When someone becomes disabled, disability discrimination can occur in two ways. First, the agency might openly overreact to the disability and treat an employee adversely even if the disability poses no hindrance to the employee’s ability to work. The second and more common means of disability discrimination is the failure to provide a reasonable accommodation so that the disabled employee can continue to work. Since July 2007, every federal agency has been required to have a procedure for…

Q & A Session – NSPS to GS Conversion

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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 promoted from a GS-07 position to an NSPS position. Upon conversion from NSPS to GS, I was given a GS-09 position in September 2010. In October 2011, I was notified by my supervisor that I had been erroneously converted to the GS-09, and steps would be taken to revert me back to a GS-07 position. This caused me to incur a debt which has been ongoing. To date,…

Q & A Session – Administrative Time?

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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 registered dental hygienist. Civilians in my group were recently required to complete a 7-hour training. I am in direct patient care for eight hours every day and my management will not adjust my patient workload to accommodate the training. In the two months since we received notification that we had to complete the training, I have managed to find some time during training days and staff meetings,…

Q & A Session – Involuntary Reassignment

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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 worked outside my GG-13 080 Security series (supervisory) for eight years and performed 1101 Program Management (supervisory) work during this time. I don’t have an 1101 coded position because I was told there were no billets. Our Directorate is not reorganizing and I am being asked to step down from my position with responsibilities that include supervising five civilians and program management of a 220M contract. For my…

Q & A Session – Threats

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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: After getting to my third level manager, I recorded him saying that if I continued up the chain of command, I would pay dearly and that he would make it happen over and over. After being sent 50 pages of information and supporting documents, the Office of Special Counsel did not want to hear the tape and rejected my case. Is there another route? A: There is not enough information…

Q & A Session – Viability of EEO Complaint Following Allegations of Injustice

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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 GS-9 Criminal Investigator. I am leaving my current position because I was told by my boss that a GS-11 position would not be offered in my series, let alone a GS-12. Now that I have accepted a new position at another federal facility, I have been told the GS-11 Criminal Investigator position will be posted as soon as I leave. I know he is considering promoting…

Q & A Session – Federal Disability

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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 our Post Office alone there are at least three employees receiving disability from the military. One carrier receives 100 percent, a clerk 80 percent and another carrier 30 percent. If someone is deemed 100 percent disabled by the federal government and is receiving 100 percent disability pay, how are they permitted to work full time, on the overtime desired list, working the physically demanding job of a letter carrier?…

Q & A Session – LWOP Question

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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 military spouse and a federal employee with one year of service. My husband received PCS orders to a different area and I am moving with him. My agency will have a vacancy in the new area but it is only a GS-06 and I am currently a GS-08. I don’t want to transfer into that position because I lose my preference if I take it and I…

Q & A Session – Working for Foreign Defense Contractors

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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: Suppose someone works for the Department of Defense with a secret clearance. Upon retirement he would like to move to another NATO country and work for a defense contractor. What legal and/or clearance issues does this raise? A: The defense contractor will understand the security requirements and be able to advise you. Sometimes it is sufficient for you to work at the “secret” level with an American clearance. Sometimes more…