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 promotion to a GS-13 Supervisor when the incumbent was hired overseas approximately four years ago. I was not notified nor asked to sign anything acknowledging that the person had return rights to my position at the time I accepted the promotion. This person’s overseas position was abolished so they exercised their return rights. Personnel is returning this person to my current position and establishing an overhire/excess position…

Late in the actions of the 112th Congress, the 2012 Whistleblower Protection Enhancement Act finally passed both houses of Congress and was signed by the president. This is the first meaningful whistle-blower protection reform since 1994. It will now be easier to protect whistle-blowers and take disciplinary action against those who have retaliated against them. The reality for most managers is that for the past decade or longer, whistle-blower issues have not been a part of their workplace dynamic. Because of a series of court decisions, mostly in the late 1990s, would-be whistle-blowers found it difficult to get protection, and…

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 a meeting which was set up to allow the various section heads in my command to discuss each section’s top five issues, a supervisor took over the meeting and dismissed my concerns in front of the rest of the personnel in the meeting. I tried to explain my position, but she persisted in dismissing my opinion. After the meeting, I asked to speak with her and tell her that…

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: Currently, I am on retained pay, GS-13 Step 00. I interviewed for a GS-14 position and was not selected. Informally, two of the three members of the hiring panel said I scored much higher than the person chosen by the Selecting Official. Both members of the hiring panel said they are troubled by what happened. Do I have a right to ask for the panel scores through the Freedom 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 submitted my resume through USAJOBS for a position. I was qualified and referred. I interviewed and made it to the next level of interviews but then the job was canceled. They reopened the job two weeks later and I applied again. I was sent an email from HR stating that someone else was selected. I believe there is a policy that all supervisor positions must go through two levels…

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 move, several employees were given offices while the rest of us were given cubicles. It was made known that only supervisors would be given offices after the final move slated for later this year. The employees are in a division that is slated for a reorganization. When asked why these individuals had offices, the chief of the division replied that these employees were slated to become supervisors under…

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: As a front-line supervisor, I am required to carry a pager and be on call 24 hours a day, 7 days a week. Should I be compensated for being on call? There are repercussions if I do not answer the pager within 30 minutes any time of any day. A: Under the facts you provide, no. The Fair Labor Standards Act requires federal agencies to compensate employees for performing activities…

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: Bargaining unit employees have a vast number of avenues to them, but managers who are continually subjected to harassment and threats of filing from staff seemingly have no recourse. Our concerns to our supervisors go unheard and are not dealt with, leaving us out there alone and feeling unable to effectively do our jobs. What recourse do supervisors have to voice their concerns and file complaints after being called names…

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 have provided service at the same medical center for two years. My initial position was in administrative support. The annual evaluation was outstanding and probation was completed. Two months later, I was promoted through internal means to a position that entitled me to an increase in one grade. Then, three months later, I found a position (in the same facility) that was in my field of collegiate studies. I…