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…
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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 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…
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 an employee with an agency between 2007 and 2011. I was a GS-12 Step 1 when I voluntarily applied and accepted another position at a GS-7 Step 10 level, which was a pay cut. I learned that others in my same situation were able to keep their GS-12 pay or were given advance promotion to GS-12. How do I go about doing the same to get back my…
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: Is it possible to file a civil suit against a supervisor for discrimination, falsification of federal documents against a federal employee, defamation of character, unequal opportunities to advance similar to non-ethnic employees? The EEO process has already started against her supervisor for not acting to correct the situation. I am considering filing against my boss in civil court, separate of the EEO action. Is this possible? A: No. Supervisors (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: I recently became aware of a case in which a federal employee had annual leave approved, decided not to take it, but was told by his or her supervisor that he or she would be required to take it. After getting the leave approved, the employee decided to retire before the end of the leave year, and therefore wanted to let the leave accrue, so he or she could get…
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 hired by a federal agency last November, received my first letter of clearance denial in March 2012, and lost my final appeal in August 2012. Should the agency have asked me to sell my house and move to a different state and quit my other federal job and move here without finishing my security clearance first? I’ve lost everything as a result of one stupid thing I did…
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 an employee with the judiciary, my position was eliminated and I accepted a position under saved grade, saved pay. The position that I accepted was downgraded from a GS-11 to a GS-9 when it was offered to me. Now, the Judicial Conference has voted to eliminate saved grade, saved pay and I face a $15,000 annual pay-cut. What, if any, remedies are left for me other than to find…