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 action can be taken when employees file false SSO or Harassing Conduct Allegations?  A:  Federal employees have little to no recourse against other employees who file false complaints. While it is a crime to make a false statement under oath in the course of an EEO investigation on litigation, such crimes are not often prosecuted. Additionally, agencies do not often take action against such false complaints to avoid 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:  I was granted an interim security clearance and started working 6 months ago. I still don’t have my final clearance yet. If my final clearance gets denied, am I able to get another federal position that doesn’t require a security clearance?  A:  There are many federal positions that do not require a security clearance. If your position requires a clearance, but you are denied one, you may appeal the denial…

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 given a Notice of Suspension for a 3 day suspension by my supervisor. My supervisor asked me to give an Oral Written Reply to the notice. The reviewing official issued the Notice of Decision to Suspend before I was allowed to give my reply. Can I appeal to the MSPB?  A:  Generally, the MSPB will not review suspensions which are less than 15 days. If you wish to…

Six months ahead of the first primary elections of the 2014 election cycle, government employees across the country should take notice of how, for the first time since 1993, Congress has expanded some public employees’ ability to participate in the democratic process, under the Hatch Act Modernization Act of 2012. An Act to Prevent Pernicious Political Activities, the official name of the Hatch Act, as enacted in 1939, has long prohibited federal employees (with very limited exception) and many state and local government employees from engaging in partisan political activity, threatening career-ending penalties for violations of any degree. Before 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:  I have been a federal employee for 7 years. I have a part time job that I have held since before I came to the government. I started with a new agency this week and I was told that I needed to get permission from the ethics office to continue my part time position. I was also told that the review would take 6 weeks and until the review was…

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 notified my manager of a family emergency and left the office early. It was a medical situation. He wrote me an email telling me that this was insufficient information and he needed to know more. What specifically do I have to tell him and what is the penalty for not divulging more information to him?  A:  Under FMLA, employees may use leave when a family member is ill. FMLA…

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 currently work in a position that 6 other co-workers also perform in my office. They have a higher full performance level than I do and yet we all do exactly the same work and are the same series, etc. Is there any rule/law that states that employees who do the same work in the same office should have the same promotion opportunities?  A:  An employee’s promotional potential within a…

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…

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.…