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 currently employed by a federal agency. I signed a document affirming that this was a temporary position not to exceed three years in duration, with the agency retaining the option to extend two one-year extensions. The agency could rescind the position and I would be transferred back to my prior position at a lower level. I have been employed in this position since late 2008. In January 2012…
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 GS-9 employee. I am being asked to perform my job responsibilities along with performing the functions of a GS-11 position that is in a different job series. My GS-9 duties are being negatively impacted due to management’s expectation of me doing both jobs. When I bring it to their attention, they say that they are working on filling the position. But this has been going on for…
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 with an agency between 2007 and 2011. I was a GS-12 Step 1 when I voluntarily applied and accepted another position at a GS-7 Step 10 level, which was a pay cut. I learned that others in my same situation were able to keep their GS-12 pay or were given advance promotion to GS-12. How do I go about doing the same to get back my…
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 possible to file a civil suit against a supervisor for discrimination, falsification of federal documents against a federal employee, defamation of character, unequal opportunities to advance similar to non-ethnic employees? The EEO process has already started against her supervisor for not acting to correct the situation. I am considering filing against my boss in civil court, separate of the EEO action. Is this possible? A: No. Supervisors (and…
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 recently became aware of a case in which a federal employee had annual leave approved, decided not to take it, but was told by his or her supervisor that he or she would be required to take it. After getting the leave approved, the employee decided to retire before the end of the leave year, and therefore wanted to let the leave accrue, so he or she could get…
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 by a federal agency last November, received my first letter of clearance denial in March 2012, and lost my final appeal in August 2012. Should the agency have asked me to sell my house and move to a different state and quit my other federal job and move here without finishing my security clearance first? I’ve lost everything as a result of one stupid thing I did…
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: As an employee with the judiciary, my position was eliminated and I accepted a position under saved grade, saved pay. The position that I accepted was downgraded from a GS-11 to a GS-9 when it was offered to me. Now, the Judicial Conference has voted to eliminate saved grade, saved pay and I face a $15,000 annual pay-cut. What, if any, remedies are left for me other than to find…
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: During recent CBA negotiations and while negotiating the Promotions and Details Article, it was stated that there is no federal law that would prohibit Temporary Assignment pay by the hour. The union had proposed that all Bargaining Unit Employees receive pay to the higher position when assigned by management. This currently is a personnel action that requires an SF-50 to be issued, should the temporary promotion be for more than…
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: A recent MSPB ruling, Isabella, cited that the government could not discriminate on the entry age for federal law enforcement jobs. My agency is hiring persons into law enforcement positions past the age of 37 with no mandatory retirement age. However, I turn 57 next year and am being forced to retire. An employee who I supervise was recently selected to transition into a law enforcement position and is currently…
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 an 1811 criminal investigator who also receives LEAP. I was recently informed that I will be on call approximately once every three weeks. As a drilling reservist, I also drill one weekend a month, which means that every other month, I will actually only have one weekend completely free. Is this an overly restrictive interpretation of LEAP? And should my agency be required to accommodate my drill schedule…