Q & A Session – NSPS to GS Conversion

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, I have not been reverted to the GS-07 and continue to carry out the same duties I have done all along on my GS-09 position. Do I have grounds to contest the downgrade? And who should I talk to?

A:

Nothing has happened yet. And, when it does, you may have a Merit Systems Protection Board appeal or Equal Employment Opportunity claim, but you do not provide information to assess the viability of those options. I don’t understand what debt you are incurring if you have not been demoted, and, if you are, you should be entitled to at least saved pay.

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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