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 doing duties that are not under my job description and have coworkers completing duties that are under my job description. I also regularly work overtime, but my coworkers doing similar duties do not have enough to do. I am not getting compensated for my overtime. I have been told about an 80/20 rule that says I am supposed to do at least 80 percent of my job description…
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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 reported to my command and received a closeout assessment. The appraisal was completed appropriately. I reported to my new command and I wasn’t provided new performance objectives for 90 days. When my final appraisal was completed, it was done under an appraisal that was set for less than 90 days. After a formal grievance process, the command determined that the period satisfied the time period requirement. Can an appraisal…
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 notified I was being terminated for conduct-related reasons. I was hired under FCIP and have no formal write-ups or negative reviews. I feel like they are just doing this with the end of FCIP. Can they do this? A: If it is conduct related, you are being terminated for that reason. The end of FCIP does not affect current appointees. Bill Bransford is managing partner of Shaw, Bransford…
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 been working for the government for over 15 years and was looking to be promoted this year. I was told I qualify for a GS-11 position and have had all good performance ratings, with no documentation of any issues. However, I was told I would not get a promotion, since I did not work on a project. Can this be a reason to deny my promotion? A: Career…
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 working in the federal government as a contractor for nine years in an at-will state, I was terminated. My manager had made comments that I felt were distasteful, embarrassing, belittling, derogatory and threatening. I had not had problems with managers in the past. My manager began to take tasks away from me, removed my restricted computer access and became very angry when I asked for a task assignment in…
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 considering using a credit counseling service to consolidate high interest debt to low interest, but have a security clearance. Will using this service alone jeopardize my security clearance or the ability to certify government funds? A: Using a credit counseling service alone will not jeopardize a security clearance. Failing to pay bills on time, assuming too much debt or filing for bankruptcy will cause questions to be raised…
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 under FCIP last June and I have been told I would increase two grades until I completed the program and one grade after completion of the program. However, with the transition of FCIP to competitive service, will I keep my GS grade progressions? A: My understanding is that current FCIP employees may continue their employment under the terms of their original appointment. Bill Bransford is managing partner…
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 DoD’s action to restrict certain employees from receiving a NSPS salary increase consistent with merit system principles? A: With the salary freeze, it is a tough time for all federal employees, particularly those in pay for performance systems. My understanding is that so long as you don’t lose pay the NSPS conversion is at the discretion of DoD. Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.…
The most frequent questions to the “Ask the Lawyer” column concern compensatory time and travel while on temporary duty (TDY). Given the interest and confusion, a brief review of the rules seems in order. The entitlement to compensatory time while on official travel was one of the major new entitlements of the 2004 Federal Workforce Flexibility Act. The entitlement applies to virtually all federal employees, except senior executives. It addresses the problem that since many federal employees are exempt from the Fair Labor Standards Act, they were often not compensated for time spent traveling outside their normal work hours. There…
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: With the new ruling on FCIP, does a former federal employee that is a veteran and was not converted under FCIP have any recourse? What recourse does a career conditional employee have that took a new job under FCIP and was not converted? A: FCIP employees who are not converted to competitive status have no recourse unless they can show illegal discrimination or retaliation because of whistleblowing activities. Bill Bransford…