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: At what point would a position description update or change require the position to be re-advertised? A: A position description can be rewritten to reflect an accretion of duties without a change in the position’s incumbent so long as it was not a planned management action. If it is a planned management action and the job is to be upgraded, it would have to be advertised.  Bill Bransford is managing…

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 sequestration and a DoD furlough happen, would there be provisions for those who have “use or lose” leave to have the leave carried over to the next calendar year as restored leave? A: The first round of furloughs will be done by October 1, 2013. This will allow three months to use “use or lose” leave.  Bill Bransford is managing partner of Shaw Bransford & Roth PC. Disclaimer: Ask…

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 see many recommending that government employees seek employment for the 1 day a week of furlough for the 22 weeks they will be without pay. Please explain the ramifications of working part-time while employed as a full-time government employee. I understand that each state may have different regulations. A: Check with your agency. My understanding is that some agencies prohibit furloughed employees from taking replacement work. Workers comp significant…

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 told by my supervisor that I had to meet with her and that I did not need a union representative although I requested one to be present. I wanted the union present to discuss my functional statement as it related to a job assignment. I also wanted the union present because of the terrible relationship I have with my immediate supervisor. My supervisor has been known to stretch…

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 federal lawsuit going back a few years be reopened if new information has come forward that could have changed the decision of the Judge? A: It is difficult, but not impossible, to reopen a federal lawsuit. Once a case is fully litigated, it usually stays closed. New information might change that, but it is a longshot.  Bill Bransford is managing partner of Shaw Bransford & Roth PC. Disclaimer:…

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: After a desk audit is completed, what are the next steps for a promotion? A desk audit was performed on my position. It was rated a GS-11 instead of the current GS-09 that I am occupying. My management is telling me there isn’t anything they can do. They stated that they do not have a policy in place to promote me to GS-11. My management wants me to sign 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: I am a retired service member with a VA disability rating of 70%. I continue to apply for federal jobs and continue to be rejected. Can I talk to someone to get feedback as to why I was not selected? I feel like I have all the qualifications needed for the jobs I am applying to. A: It is difficult to advise you on your best remedies without knowing your…

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 suspect an employee is falsifying a pregnancy for time off. I am 100 percent sure this person is not pregnant. Is this illegal? A: I assume the time off for the pregnancy is sick leave. If so, sick leave can be granted for a variety of reasons. It is, of course, illegal to obtain a federal benefit (like sick leave) by lying about eligibility. But, it sounds to me…

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 currently employed by a federal agency. I signed a document affirming that this was a temporary position not to exceed three years in duration, with the agency retaining the option to extend two one-year extensions. The agency could rescind the position and I would be transferred back to my prior position at a lower level. I have been employed in this position since late 2008. In January 2012…

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 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…