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: Do non-bargaining unit employees have a right to representation during administrative investigations? A: Employees do not have a legal right to representation during administrative investigations. However, some agencies as a practice allow employees to be represented by counsel when interviewed in the course of an administrative investigation. You should contact the investigating authority and review your employer’s internal policies to learn more. Bill Bransford is managing partner of Shaw Bransford…
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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: Is it a Hatch Act violation if someone wears an anti-Obama shirt to work during a non-election year? A: If you have a question pertaining to potential Hatch Act violations, you may call the OSC hotline—(800)85-HATCH or email hatchact@osc.gov. 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 –…
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: Under what circumstances should a manager be charged with Neglect of Duty by a subordinate? A: Federal managers may not be held vicariously liable for the actions of subordinate employees, however, the SMPB has held that a manager may be liable if he or she “actually directed [the misconduct] or had knowledge of and acquiesced in the misconduct.” For the MSPB’s discussion of liability in those instances, see Miller V.…
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 supervisor release personal information to other employees, or a supervisor that isn’t yours? A: Agencies may release personal information on a need to know basis. These are technically called routine uses and are published in the federal register. Otherwise, your personal information contained in government records with your name on it is private. Bill Bransford is managing partner of Shaw Bransford & Roth PC. Disclaimer: Ask a Lawyer…
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 for the federal government and have been placed on sick leave restriction at my job. I am required to submit a doctor’s note each time when I return to work. My employer has requested that I provide them with information as to why I was seen on each note. However, every doctor I have been to refuses to put any more than “out due to illness or injury”…
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 senior in college and I have lined up a job as a consultant for a firm working with government agencies. They want me to fill out a SF-86 for TS/SSBI. I have used marijuana a total of five times, the last time occurring two years ago. Two years ago, I also tried mushrooms once. Lastly, I have two underage drinking tickets from 2011. I haven’t used anything…
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 legal to have a GS-5 do the work that a GS-9 is supposed to do? The GS-5 is not being compensated for doing the duties that the G-9 is supposed to do. A: Yes. It is not a good practice, but it is not illegal. Bill Bransford is managing partner of Shaw Bransford & Roth PC. Disclaimer: Ask a Lawyer publishes information on this website for informational purposes…
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 written up by my supervisor and not given much information about it. She stated she received complaints from other employees that I do not treat all employees the same, and that another employee reported an incident. When I asked for more detailed information, she refused to provide it. A: Since a written warning is not a formal disciplinary action, your supervisor is not required by law to provide…
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 will be having my first child and becoming a father soon. Can I use FMLA intermittently? It looks like from the Department of Labor information I found, you may but it is subject to the employer’s approval. I requested to use one week of leave when the baby is born and eight additional weeks a couple of months later. I also requested an additional week months following that for…
In some parts of the federal government, geographic reassignments are a rare occurrence, even for the supposedly mobile Senior Executive Service corps. In other agencies, especially law enforcement agencies, geographic reassignments are to be expected at all grade levels and are good for career advancement. Most federal employees work in agencies where geographic reassignments do occur, but occur with varied frequency and sometimes varied motives. The varied motives that accompany some geographic reassignments include using the reassignment only to force the resignation or retirement of the employee and for no legitimate business purpose. When this happens, or when an employee…