Q & A Session – Performing Higher Job Responsibilities Than My Grade Level


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.


I am a GS-9 employee. I am being asked to perform my job responsibilities along with performing the functions of a GS-11 position that is in a different job series. My GS-9 duties are being negatively impacted due to management’s expectation of me doing both jobs. When I bring it to their attention, they say that they are working on filling the position. But this has been going on for several months. What is my recourse?


This is a frequently asked question. Essentially, management has the discretion to require you to perform both jobs, even the higher level one, simply by directing you to do so. Better management practice would be to limit the time or temporarily promote you. However, these actions are not required.


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

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About Author

Debra Roth

Debra L. Roth is a partner at the law firm Shaw Bransford & Roth, a federal employment law firm in Washington, D.C. She is general counsel to the Senior Executives Association and the Federal Managers Association, host of the “FEDtalk” program on Federal News Radio, and a regular contributor to Federal News Radio’s “Federal Drive” morning show. Email your legal questions to lawyer@federaltimes.com.

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