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.…
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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…
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:…