Monthly Archives: July, 2013

Q & A Session – Denial of Security Clearance

1

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 hired by a federal agency last November, received my first letter of clearance denial in March 2012, and lost my final appeal in August 2012. Should the agency have asked me to sell my house and move to a different state and quit my other federal job and move here without finishing my security clearance first? I’ve lost everything as a result of one stupid thing I did…

Q & A Session – Reduction in Salary

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: As an employee with the judiciary, my position was eliminated and I accepted a position under saved grade, saved pay. The position that I accepted was downgraded from a GS-11 to a GS-9 when it was offered to me. Now, the Judicial Conference has voted to eliminate saved grade, saved pay and I face a $15,000 annual pay-cut. What, if any, remedies are left for me other than to find…

Q & A Session – Detail and Temporary Assignment Pay

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: During recent CBA negotiations and while negotiating the Promotions and Details Article, it was stated that there is no federal law that would prohibit Temporary Assignment pay by the hour. The union had proposed that all Bargaining Unit Employees receive pay to the higher position when assigned by management. This currently is a personnel action that requires an SF-50 to be issued, should the temporary promotion be for more than…

Q & A Session – Age Discrimination in Law Enforcement

1

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 recent MSPB ruling, Isabella, cited that the government could not discriminate on the entry age for federal law enforcement jobs. My agency is hiring persons into law enforcement positions past the age of 37 with no mandatory retirement age. However, I turn 57 next year and am being forced to retire. An employee who I supervise was recently selected to transition into a law enforcement position and is currently…

Q & A Session – On-Call Status

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 an 1811 criminal investigator who also receives LEAP. I was recently informed that I will be on call approximately once every three weeks. As a drilling reservist, I also drill one weekend a month, which means that every other month, I will actually only have one weekend completely free. Is this an overly restrictive interpretation of LEAP? And should my agency be required to accommodate my drill schedule…

Q & A Session – Accurate Position Description

1

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: My position description was written back in 1999 and has never been updated, even though I have been given many more additional duties. I have addressed this to my various supervisors over the past 12 years but have always been told they would either look into it or ask me to write something up. I am not rated on my performance appraisal on the additional duties I have been given.…

Q & A Session – Rights in a Reorganization

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 as a GS-12 for a federal department. If my immediate boss finds it necessary to demote me, even though I’m getting excellent performance ratings and through no fault of my own, what are my rights? Would I be entitled to retain my grade for two years and my pay level indefinitely? What does it mean to retain one’s pay level? A: Civil Service employees who are beyond a…

Q & A Session – Revoked Clearance

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 a Former U.S. Navy Petty Officer Third Class. I applied and got accepted to Navy EOD School. During my Single Scope Background Investigation, I disclosed that I experimentally tried hallucinogenic mushrooms during my divorce. Divorce and drug use happened in 2008, well before EOD SSBI. I never failed a random urine analysis, nor continued use of the substance. No one knew about it until I revealed it to…

Q & A Session – Earning Annual 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 have a serious medical condition, and, because of this, I have had to use all available sick leave, advanced sick leave (currently being paid back each pay period), and my annual leave as I earn it. During the last pay period, I took 8 hours annual along with FMLA leave as I have been doing for several months; however, I received notice that I did not have annual leave…