No manager wants to receive a phone call from an equal employment opportunity counselor. The call means a subordinate has accused the manager of illegal discrimination, a serious allegation that could, if proved, result in disciplinary action. Most managers will respond to news that the EEO process has started against them with a strong sense of indignation, outrage, denial, or perhaps all of these. These reactions are normal, but acting on them is the wrong thing to do. Whatever you say, except to your lawyer, can and might be repeated and used against you. A comment such as, “That ingrate,…
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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 filed an EEO complaint against my supervisor. An informal investigation was completed after 6 months and the agency did not give me access to its findings, after I expected to receive this. A formal investigation followed. However, I was moved from my workplace to a separate location for allegations made against me by my supervisor. Can I obtain the findings from my informal investigation? Can I sue other federal…
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: Does someone qualify for discontinued service retirement under FERS if they lose their security clearance and have over 20 years of experience, and are over 50 years old under FERS? A: Yes. A loss of a security clearance alone, that is unaccompanied by job-related misconduct, can be a basis for discontinued service retirement if the loss of a security clearance also results in the loss of a federal job. …
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 two years from mandatory retirement and have been going through a divorce for over six years. Survivor benefits have not been discussed. However, what happens if the divorce is not finalized in two years and my ex refuses to waive survivor benefits? A: If you do nothing, I think she gets survivor benefits and a portion of your annuity. You need to talk to an attorney and make…
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 55 years old and have worked in the government under FERS for 25 years. I would like to end my government service. My security clearance is due and if I don’t submit it, would I be fired voluntarily or involuntarily. How would this affect my retirement? A: No. You would most likely be fired for failing to meet an expectation of your job, i.e., filing the update forms…
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 a colleague, who is a federal employee, that was on a business trip and had personal items stolen out of the car including a laptop, cell phone, ipod and other items. Our agency’s general counsel said she would be reimbursed for her items. It she entitled to any compensation for the loss of priceless family photos, purchased music or software? A: No. The government has limited its liability…
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 work in HR and believe that my position could be a higher grade. The job requires me to do more and different types of work than what is usually required of the same position across the government. Would asking my supervisor for a desk audit help the chance of my GS level changing? A: The desk audit is not based on your abilities. It is based on the complexities…
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 colleagues that perform personal activities on government time and are sometimes so loud it disrupts my ability to concentrate. It has prevented me from being able to get my work done. Are there laws, policies or guidelines that govern noise producing activities which impede my ability to complete my work? A: The situation you describe should not be allowed to continue. If your supervisor won’t deal with it,…
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: Who can represent a person at the MSPB? A: A paralegal, a non-lawyer union steward or your colleague down the hall can be your representation at the MSPB, so long as your representative does not hold him or herself out to be a lawyer. If you prevail with a non-lawyer representative, you are not entitled to attorneys’ fees. Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.…
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 government contractor and was offered a position and attended orientation. However, I was told later that there was an issue regarding the adjudication of my security clearance and the offer was rescinded. Previously I have been granted security clearances and could not find any issues in my security records. I have not been provided with any information why I was let go. What options do I have?…