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 federal GS-9 Criminal Investigator. I am leaving my current position because I was told by my boss that a GS-11 position would not be offered in my series, let alone a GS-12. Now that I have accepted a new position at another federal facility, I have been told the GS-11 Criminal Investigator position will be posted as soon as I leave. I know he is considering promoting…

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 our Post Office alone there are at least three employees receiving disability from the military. One carrier receives 100 percent, a clerk 80 percent and another carrier 30 percent. If someone is deemed 100 percent disabled by the federal government and is receiving 100 percent disability pay, how are they permitted to work full time, on the overtime desired list, working the physically demanding job of a letter carrier?…

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 military spouse and a federal employee with one year of service. My husband received PCS orders to a different area and I am moving with him. My agency will have a vacancy in the new area but it is only a GS-06 and I am currently a GS-08. I don’t want to transfer into that position because I lose my preference if I take it and I…

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: Suppose someone works for the Department of Defense with a secret clearance. Upon retirement he would like to move to another NATO country and work for a defense contractor. What legal and/or clearance issues does this raise? A: The defense contractor will understand the security requirements and be able to advise you. Sometimes it is sufficient for you to work at the “secret” level with an American clearance. Sometimes more…

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 stopped for a speeding violation and then arrested for a DUI. I called my supervisor 9.5 hours prior to my scheduled tour the next morning. I received an admonishment before I went to court. I subsequently had the charges dismissed. If I take the admonishment to arbitration under a collective bargaining agreement with my union, will I have any chance of having the admonishment removed? I have 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: Our agency has not given out our award money since October 2011, which is a clear violation of our contract which states that the award money should be paid expeditiously. The union alleges that the money has been allocated but not dispersed to the employees. Where can I file my complaint on this clear violation of our contract? A: Your union files the complaint. If they think the collective bargaining…

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 recently put in a request for advance sick leave in an attempt to cover myself for 96 hours of leave without pay. I had returned to duty and requested the advance sick leave before the end of the current pay period that I was requesting it in via email. The problem I am facing is that they are trying to figure out if the request for the sick leave…

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 in a situation where a travel reimbursement is being held due to irregular paperwork. I was in a carpool that gets a travel reimbursement if it has seven or more persons. For six months, we all submitted the same paperwork and all got reimbursements. At month 7, I received a letter stating that my reimbursement paperwork was irregular and, due to department procedures, need to submit additional…

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 for a military organization where the leadership routinely allows for and then creates positions for military service members who are already in the organization who are getting ready to separate/retire and then places them into the position after they separate from the military. To me, it’s basically a preselection for the position. Is this legal? Can they create and then fill positions with someone already in mind for…

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 recently received the investigator’s report pertaining to my EEO complaint. One of my co-workers was interviewed. In the report is a statement from my co-worker that reads “I did not know she had ___ mental illness.” The specific mental illness was disclosed. Was it a violation of the Privacy Act when the investigator disclosed my medical condition? Or did I waive my rights in the EEO process? A: Assuming…