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 got my first grade level promotion in October 2011, and the next promotion was due in October 2012. I checked with HR and they mentioned that they did not receive any paperwork from my supervisor. In October, I had my performance evaluation and it was fully satisfactory. When I asked my supervisor about my grade increase, she mentioned that it’s not automatic. Is this true?
A career ladder promotion is not automatic. You are not entitled to notice or reasons. If you believe illegal discrimination or a whistleblower reprisal is the cause of your denial of a promotion, you may file a complaint.
Bill Bransford is managing partner of Shaw Bransford & Roth PC.
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The answer given is not completely accurate. For example, the AFGE Master Agreement requires both notice if not being promoted when eligible AND reasons. The agreement also requires that a career ladder plan be in place that explains the objective requirements for being promoted.