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 current federal employee. I have allergic asthma and was granted FMLA three weeks ago. I became ill recently and needed outpatient hospital treatment. I was scheduled for vacation the following week. Due to the severity of my asthma, my pulmonologist wrote me off work for two weeks. During these two weeks, my supervisor called to check on me and asked if I was at home. I feel…
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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: What happens when a person breaks furlough and comes into the office to use the computer for personal reasons and chat? It was stressed to all employees that they should not come into the office on their furlough days. A: If an employee was specifically directed not to come into the office during furlough, but then disobeyed that instruction, he/she may be disciplined for failure to follow that instruction. Bill…
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 government employees/retirees be forced into “Obamacare”? A: Not unless Congress acts to do so. There are legislative proposals to move current federal employees onto the exchanges, but they have not moved forward. At this point in time FEHB remains intact for federal employees. 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…
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 family member who retired from a federal prison several years ago. After they retired, they were convicted of a felony, and they are currently serving time in a state prison. What is the list of charges in which a federal employee loses their retirement? A: Federal retirees can lose their retirement when convicted of treason, espionage, sabotage and other related offenses. Bill Bransford is managing partner of…
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 detailed from my current position for over 6 months without any explanation as to why. I am now in the process of returning to my position. No explanation as to this change was provided either. As a federal employee, do my supervisors have an obligation to inform me about my being detailed? A: In theory, yes. What happened to you happens frequently and there is little recourse to…
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 civilian employee for the US Army. When we converted from the NSPS pay system to the GS, many of us in our office lost a significant amount in potential pay. Is there a way to get this potential pay back? A: Congress has the authority to change the pay systems governing federal employees. They were aware of the change in the potential pay when they ended NSPS…
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 57 years old with 30 years of federal service. I was placed on a PIP for receiving a rating of “1” on one of five critical elements. There is now a proposal to remove me from federal service. I have a hearing scheduled; if removed, will I be eligible to retire through discontinued service? A: Yes, provided you are removed under authority of Chapter 43 of the Civil…
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: On a removal appeal before the MSPB, why would the agency be afforded discovery? Since the agency is required to provide the appellant all information utilized in the removal, it seems that providing them discovery is allowing them to build their case for removal “after the fact.” A: As a matter of fairness, both sides in a litigated matter may engage in discovery. Bill Bransford is managing partner of Shaw…
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: Considering federal employees, can we file a class action lawsuit regarding the “furlough”? A: No. The government has the statutory right to furlough federal employees. Each agency has broad discretion to determine how to carry out furloughs, providing they do not discriminate against employees. Once you are furloughed, the Merit System Protection Board might consider whether to handle furlough appeals as a class action. Bill Bransford is managing partner of…
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 of a company that was a contractor for a federal agency. A federal employee threatened to fire us if I refused to overlook misconduct on the part of several employees. Eventually, this is what did happen. There have been multiple audits and investigations of the situation. Does any recourse exist against the threats, harassment, and retaliation perpetrated by the federal employee who was making fraudulent misrepresentations?…