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: My position description was written back in 1999 and has never been updated, even though I have been given many more additional duties. I have addressed this to my various supervisors over the past 12 years but have always been told they would either look into it or ask me to write something up. I am not rated on my performance appraisal on the additional duties I have been given.…
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 as a GS-12 for a federal department. If my immediate boss finds it necessary to demote me, even though I’m getting excellent performance ratings and through no fault of my own, what are my rights? Would I be entitled to retain my grade for two years and my pay level indefinitely? What does it mean to retain one’s pay level? A: Civil Service employees who are beyond 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: I am a Former U.S. Navy Petty Officer Third Class. I applied and got accepted to Navy EOD School. During my Single Scope Background Investigation, I disclosed that I experimentally tried hallucinogenic mushrooms during my divorce. Divorce and drug use happened in 2008, well before EOD SSBI. I never failed a random urine analysis, nor continued use of the substance. No one knew about it until I revealed it 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 have a serious medical condition, and, because of this, I have had to use all available sick leave, advanced sick leave (currently being paid back each pay period), and my annual leave as I earn it. During the last pay period, I took 8 hours annual along with FMLA leave as I have been doing for several months; however, I received notice that I did not have annual leave…
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 filed an EEO complaint on my supervisor on the basis of age discrimination and harassment. It has now gone to the formal complaint process – I am currently waiting to be assigned an EEO counselor. Last week, I filed an EEO retaliation complaint with my agency but have continued to experience harassment and a hostile work environment. I am being told by the agency EEO counselor that this is…
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 employed with the federal government for over 30 years. I was informed upon entry that whenever I intended to either be late for work or not come into work due to illness, I was to notify my supervisor of such as early as possible, but that I would be designated absent without leave if the notification was not within two hours of my established reporting time. Does…
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: Does a federal agency have the legal right to order an employee to telework without it being part of the official job description? A: Yes. An agency can determine where work is to be performed. Most federal employees prefer telework, but, admittedly, it is not the best option for everyone. Bill Bransford is managing partner of Shaw Bransford & Roth PC. Disclaimer: Ask a Lawyer publishes information on this…
The federal workforce is often called the blended workforce. It consists of federal and contractor employees working together, often performing the same duties. So who’s in charge? Only federal employees can perform essentially governmental functions, and someone should be watching to make sure federal and contractor employees stick to their respective proper roles. A process managed by the acquisition community has been created to help. The contracting officer writes a statement of work and publicizes the availability of work to be done under a government contract. After what is usually a competitive process, the contractor company is selected and provides…
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 under the VRA act as a GS-7, step 5. After I began working in this position, I was told there was an error and I was only supposed to be offered a GS-7, step 1. They have continued to give me erroneous paperwork and are trying to reduce my step level. Can they do this? A: I am assuming that your agency correctly determined that your step…
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 you please explain the difference between a Reduction-in-Force (RIF) and a reorganization? A: A reorganization can be a reason to do a RIF. But, if a reorganization can be done without a reduction-in-force, everyone gets to keep working. If not, RIF rules apply. Bill Bransford is managing partner of Shaw Bransford & Roth PC. Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information…