A recent decision issued by the U.S. Court of Appeals for the Federal Circuit, the federal appeals court that decides employee appeals from the Merit Systems Protection Board, made me think about a long-standing belief held by federal employees that it is illegal for their employer to require them to perform job duties above their grade level. It’s not per se illegal, although there are some processes by which a federal worker could be compensated at the higher grade level.
Browsing: Oversight
This is my third consecutive column on your rights in an OIG investigative interview. My first column on this subject discussed whether you have “a legal right” to see the complaint made against you or be told the details of the allegations that comprise the complaint, know the identity of the person who lodged the complaint, or have a right to be represented in the interview by an attorney. In my second column, I explained your right to be informed about whether you were legally obligated to answer OIG questions and how to know when you are legally required or…
It always amazes me how federal employees will let themselves be interviewed by federal law enforcement without even a basic understanding of their rights. The employees usually believe that they did nothing wrong, so the OIG interview will be harmless. Wrong. The OIG community is banking on you not knowing or understanding your rights as a means for gaining an advantage in an investigative interview. And they will gain that advantage in most instances because the uninformed subject of the investigation is an easy target. (See part 1 here). Simply believing you did nothing wrong and explaining so to the…