Monthly Archives: August, 2013

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 civilian employee for the US Army. When we converted from the NSPS pay system to the GS, many of us in our office lost a significant amount in potential pay. Is there a way to get this potential pay back? A: Congress has the authority to change the pay systems governing federal employees. They were aware of the change in the potential pay when they ended NSPS…

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 57 years old with 30 years of federal service. I was placed on a PIP for receiving a rating of “1” on one of five critical elements. There is now a proposal to remove me from federal service. I have a hearing scheduled; if removed, will I be eligible to retire through discontinued service? A: Yes, provided you are removed under authority of Chapter 43 of the Civil…

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: On a removal appeal before the MSPB, why would the agency be afforded discovery? Since the agency is required to provide the appellant all information utilized in the removal, it seems that providing them discovery is allowing them to build their case for removal “after the fact.” A: As a matter of fairness, both sides in a litigated matter may engage in discovery. Bill Bransford is managing partner of Shaw…

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: Considering federal employees, can we file a class action lawsuit regarding the “furlough”? A: No. The government has the statutory right to furlough federal employees. Each agency has broad discretion to determine how to carry out furloughs, providing they do not discriminate against employees. Once you are furloughed, the Merit System Protection Board might consider whether to handle furlough appeals as a class action. Bill Bransford is managing partner of…

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 an employee of a company that was a contractor for a federal agency. A federal employee threatened to fire us if I refused to overlook misconduct on the part of several employees. Eventually, this is what did happen. There have been multiple audits and investigations of the situation. Does any recourse exist against the threats, harassment, and retaliation perpetrated by the federal employee who was making fraudulent misrepresentations?…

Q & A Session – Pension Contribution 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: In February 2012, Congress passed a bill that increased pension contribution for federal employees hired after December 2012 and re-hired federal employees with less than 5 years of federal time. If you are a current federal employee and have less than 5 years of federal time, are you considered to be re-hired if you accept a position with a different agency? A: No.…

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 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: A career ladder…

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: If I’m furloughed 1 day per week for the remainder of the year, how much notice must be given to me before that change happens? A: 30 days.  Bill Bransford is managing partner of Shaw Bransford & Roth PC. Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete…

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: Are there any guidelines as to how many GS-13 professional engineers a GS-13 professional engineer can supervise? A: There is a classification guideline published by OPM, but it is not a strict requirement.  Bill Bransford is managing partner of Shaw Bransford & Roth PC. Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted…

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 received a temporary promotion last year. After 120 days, I was returned to my previous salary. As I am still acting in the supervisory position, am I eligible for another temporary promotion on a year after the original temporary promotion? A: You are eligible for a longer temporary promotion, but only if you compete for it.  Bill Bransford is managing partner of Shaw Bransford & Roth PC. Disclaimer: Ask…