Q: I had been working in the same position at the same duty station for ten years until my employer recently changed my duty station. My new worksite is five miles away into the adjacent county that has locality adjustments. Am I entitled to a pay adjustment? It is a pay difference of $500/month. A: If you have changed locality areas, you should indeed receive a locality adjustment. Determining your locality pay is usually an easy three-step process because locality payments, special rate supplements, and cost-of-living adjustments are all determined according to where your official duty station is. First, you…
Q: Can a recently retired federal employee file an Equal Employment Opportunity (“EEO”) complaint? A: Yes, for the purposes of filing a complaint, whether the complainant still works for the allegedly discriminatory agency, or not, is immaterial. EEOC regulations require only that the complainant contact the relevant EEO counselor within 45 days of the allegedly discriminatory act. In the case of a retired federal employee, the appropriate EEO counselor would be the counselor for the retiree’s former federal agency. This response is written by James P. Garay Heelan, associate attorney of Shaw Bransford & Roth PC. Disclaimer: Ask a Lawyer publishes information…
Q: What is the impact of loss of security clearance? A: The immediate impact of a loss of a security clearance varies depending on your current position. If a security clearance is revoked, and one of the requirements of your position is a valid security clearance, you will not be able to continue serving in that capacity, and may be removed as a result of the loss of clearance. Because a security clearance is at all times subject to continual investigation, and does not bring with it a property interest, agencies are only required to provide minimum due process. This…
By the time you read this column, you may have learned that my law partner Bill Bransford died Sept. 27 after a long struggle with cancer. Bill served as the Ask the Lawyer columnist since February 2010 with great pride. I practiced law with Bill for 24 years. He hired me fresh out of law school. I worked directly for him for the first nine years, and since then as Bill’s law and business partner. Mostly, he was my mentor and dear friend. Everyone who knew him thought of him as a giant in the arena of federal personnel law,…
William L. Bransford, a prominent lawyer serving the federal community and regular columnist for Federal Times, died Friday. Bransford, who was fighting cancer, was 66. As a partner at the law firm of Shaw Bransford & Roth P.C. since 1983 and general counsel of the Senior Executives Association (SEA) and Federal Managers Association, Bransford helped pioneer the field of federal personnel law, along with his mentor, Jerry Shaw, who founded the law firm in 1982. “At the time there was no such thing as federal personnel law,” said Debra Roth, a fellow partner at the firm who worked with 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’m currently a federal employee within the Department of Justice, and a member of the Army National Guard. My local HR department told me that prior to any use of leave without pay during my drill weekends or annual training, I was required (by the Department of Justice policy) to write a memorandum to my executive supervisor stating I would be using LWOP during a military absence and provide the…
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: For the last 7 years, I was in the competitive service. I am also a veteran. Approximately a year ago, I transferred from a GS-1801 Competitive Service to a GS-1811 Excepted Service. Although I have changed job classification from general inspection to criminal investigation, I am still doing law enforcement work. Essentially, it is the same line of work; I just do more paperwork now. My new agency told me…
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. Many of my coworkers are talking about a secession petition available to sign on the internet. I try to discourage their efforts and point out that I think it is a violation of their ‘Oath of Office’ they swore to when employed. Can this hurt their career? A: This is a very complicated issue not only because of the oath of office, but also…
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: If a federal employee was put on furlough without pay, could he/she apply for unemployment for that period? A: Generally, yes. However, you must be placed in LWOP (leave without pay) status for at least one full week to receive unemployment insurance benefits. Depending on the reason you were placed on LWOP, your agency may challenge your claim (e.g. if LWOP was a result of a disciplinary action, etc.). We…
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 factors go into reduction in force (“RIF”) decisions? A: OPM regulations require agencies to give effect to four factors when releasing employees as part of a reduction in force (“RIF”). Tenure of employment; Veterans’ preference; Length of service; and Performance ratings. The regulatory requirements for a RIF may found in 5 CFR Part 351. Bill Bransford is managing partner of Shaw Bransford & Roth PC. Disclaimer: Ask a Lawyer…