Q: Can a federal employee assigned to a permanent supervisory billet be re-assigned to a non-supervisory permanent billet without any disciplinary or adverse action? A: Assuming that you maintain the same grade and were not demoted, then yes.  Your employing Agency has broad discretion to place you where you best fit its needs, so long as that is not for any illegal reason, such as whistleblower reprisal or discrimination. This response is written by Michael S. Causey, associate attorney of Shaw Bransford & Roth PC, a federal employment law firm. Disclaimer: Ask a Lawyer publishes information on this website for informational…

When I took over this column late last year, I opined that in 2014 I would be writing about the legal mechanics of a reduction in force (RIF), as many of us in the federal community expected that agencies would be forced to move from furloughs to RIF’s because of sequestration. That expectation seemed to change in December, when Congress reached a budget agreement that mitigated much of the sequester. Notwithstanding, a few weeks ago OPM announced it was conducting a RIF, and that may foreshadow what to expect from other agencies regardless of whether an agency has had its…

Q: When I request time for a sick day, I complete the appropriate form and submit it to my manager for approval. My manager drills me with a series of questions, such as why I want off? What is the nature of the illness? Why do I need half the day for the appointment? When was the appointment made? How much information do I have to supply to my manager in regards to my sick leave? A: An agency may grant sick leave only when supported by administratively acceptable evidence. For absences that exceed 3 days, or for a lesser…

Q: I work at the Pentagon. There are many signs that say something along the lines of “all those entering the building consent to be searched.” What are the limits of that? This morning, Pentagon police with surgical gloves were conducting pat down searches of random people. While I don’t mind walking through a metal detector, I do have an issue with someone laying hands on me. A: The majority of the time, entry screening at the Pentagon will consist of less invasive methods: walking through a metal detector or having hand-carried items searched, for example. However, at times when…

Q: What do you do when a contractor creates a hostile work environment for a federal employee? Should the federal employee file a complaint with the contractor’s company? A: As a federal employee, it is the federal government which has an obligation to keep you free from a hostile work environment. If you wish to file a complaint, you should file any complaint you have with your agency’s EEO office. The contractor’s company also may take action on its own, for example by distinguishing your complaint and subsequently  transferring or firing the employee. This response is written by Michael S.…

Q: I was divorced in 1995 after my retirement from the U.S. Customs Service and ordered to leave my ex-spouse as beneficiary of my survivor benefits but that the court would retain jurisdiction to revisit after my remarriage. My ex has remarried, but I do not know when. I have remarried and I am seeking a way in which I may make my current spouse beneficiary to the survivor benefits. Is the original order valid with OPM? If so, how many I seek modification allowing me to choose my beneficiary? A: If the original order has been approved by OPM…

If you follow decisions from the Merit Systems Protection Board, you may have seen that, last year, the board issued three decisions in the case of Mary A. Miller v. Department of the Interior. This case involved the removal of a national park superintendent in Alaska who did not work under a mobility agreement, and who declined a geographic reassignment and was subsequently terminated from her employment for her refusal. In each of the three board decisions, it reversed the agency action finding that the agency failed to carry its burden of proof that the reassignment was for a bona…

Q: If someone has retired from federal service and they are convicted of a crime, will they lose their pension? Do they have to inform the Office of Personnel Management of the fact that they were convicted of a crime. A: If you are no longer federally employed or maintaining a security clearance, you are generally not obligated to inform OPM of a post-retirement conviction. Being convicted of a crime almost never jeopardizes a federal pension – the rare exception to this rule for federal civil servants is the list of crimes codified at 5 U.S.C § 8312. Those charges almost…

Q: Can I resign (not retire) and withdraw all my CSRS retirement funds? A: It depends. Prior to October 1, 1994, federal employees entering retirement could receive a payment equal to the value of the contributions they made to the retirement program over their careers as a single, tax-free lump sum payment, with annuity payments then reduced. But now, this “lump-sun option” exists only for federal employees who have conditions resulting in a life expectancy of less than two years and who are not taking disability retirement. This response is written by James P. Garay Heelan, associate attorney of Shaw Bransford…

Q: I am a federal government employee with over twenty years of exceptional performance in the Department of Defense. I was verbally attacked by my supervisor. He got in my face while I was sitting down and he began yelling and pointing his finger in my face. When I reported the incident to higher leadership, it was ignored. They even attempted to remove me from the work space I have occupied for many years. It wasn’t until I filed an EEO complaint regarding the abusive hostile work environment that they moved my supervisor from the office we shared. However, my…