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: Regarding the Hatch Act, I know that jokes in email, blogs, etc., are out of bounds. But can one employee show another an Onion parody of the Republican National Convention speaker lineup on a piece of paper? In the workplace as a sidebar? On one hand, it is a newspaper. On the other, it was pretty funny. A: There’s an allowance for what are called “water cooler” discussions, and it…

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 that has a two-hour rule. One day, I called in at noon to say I was not coming in to work for the day. My supervisor replied that he would put me down for annual and see me the next day. The next day, he called me in and said he changed his mind to put me on AWOL status. He said he got…

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 does a complainant need to prove in order to prevail in a case where he claims discrimination in a promotion? A: There is no concrete answer to this question. You must prove by a preponderance of the evidence that the illegal discrimination was the reason for the action that is part of your case. How and whether to do this varies from case to case and often depends on…

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: While on a leave of absence for a week, my return date changed. After informing my boss, I received an email that I found overstepping and threatening, basically questioning why my doctor would be okay with me returning to work one day, then putting me out for an additional few weeks the next. Is his response legal? A: I am not sure I understand your question. If you are out…

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 offered and accepted a permanent job promotion to a GS-12 position at my workforce. Prior to the start date of the new job, I called HR to ask where and who I was to report to. HR then informed me that the job offer was postponed and that I would be notified of the new start date for the job and to contact my workplace administration office if…

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 believe I am being harassed by an Inspector General and I am not sure how to fight this. I am a Commissioner on a Federal Commission. My non-profit is not in the position to take on the federal government and I have been reminded by many that this IG’s actions could be a career buster for me. What should I do? A: In your position, you have an obligation…

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: Does an agency have to advertise a temporary position within a division or can they simply select an employee of their choosing? A: A temporary position can be filled with an employee of management’s choosing. If the position is a temporary promotion, it must be completed after 120 days. Bill Bransford is managing partner of Shaw Bransford & Roth PC. Disclaimer: Ask a Lawyer publishes information on this website 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: Can a management-directed reassignment be initiated for a contract specialist to a contracting officer position? A contracting officer is required to be warranted, which allows them to obligate the government contractually. In addition, the contracting officer can be held criminally responsible for their actions in performance of their duties by virtue of their contractual authority. Also, the position would take them from a non-supervisory position to a supervisory position. A:…

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: Should I hire a private lawyer to defend myself against what I believe is libel from a union official? I am a manager, GS-14, and have received a copy of an email from this individual sent to the highest levels of management within my agency, accusing me of outrageously unprofessional behavior. A: Libel or slander are common law torts that normally can be the subject of a lawsuit. However, federal…

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: Why doesn’t the Office of Personnel Management answer any inquiries from me or my Senator or Congressman? I have been waiting more than 12 months for OPM to correct my disability retirement. Now I am in a financial disaster because OPM has taken an unreasonable amount of time to correct my disability retirement after Social Security stopped my benefits. Why is OPM exempt from any oversight or scrutiny? I guess…