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 retired in 2010. My agency provided me a correct annuity amount, but OPM provided a different amount. The agency and OPM each say they are correct. I have asked my Senator to submit a Congressional inquiry. Can any type of suit be brought against either agency? A: You may appeal retirement questions to the Merit Systems Protection Board (MSPB). But, OPM is right, it must rely on what 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 a disability from a back injury sustained while serving in Iraq. I have been working at an agency for 9 months with a long commute. Due to increased pain, my doctor raised the level of pain medication and I can no longer make the drive to work. I applied for reasonable accommodation to telework, but my request was denied. I am filing an appeal. What are my options…
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 full time federal employee undergoes a desk audit and the position is downgraded, what would happen to their pay? A: A demotion resulting from a desk audit or a reclassification decision is subject to two years of saved grade with saved pay thereafter indefinitely. Bill Bransford is managing partner of Shaw Bransford & Roth PC. Disclaimer: Ask a Lawyer publishes information on this website for informational purposes…
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 about to enter into negotiations for settlement with a federal agency over unfair evaluations, failure to award compensatory time for hours worked, disparate treatment in the awarding of compensatory time, and retaliation and harassment. What are reasonable damages when one can show the stress affected one’s health and you are a disabled employee? A: “Ask the Lawyer” cannot give advice on specific cases. Stress affecting health can…
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 hit on the shoulder by an upper level employee during a staff meeting. I did not report it at the time. Six months later I received a negative performance rating. Since that time my requests for training, telework, alternate work hours, etc have been denied. I feel bullied by my supervisors and am afraid to go to work. I am a rehired annuitant. What should I do? A:…
In theory, your rights as a union member should be the same as your rights if you are in a bargaining unit and not a union member. Being a union member means you pay dues. Nonmembers do not pay dues but are supposed to receive representation rights and other benefits related to the union being the exclusive representative of employees in the bargaining unit. While federal-sector labor unions have an obligation to represent all employees in the bargaining unit fairly, dues-paying members are likely to be more knowledgeable about the union and how it works and are likely to receive…
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 reported misconduct of two federal employees under the No Fear Act and EEOC. An investigation was conducted, which ultimately substantiated my allegations. As my reporting was done under the No Fear Act against my supervisor for misconduct in violation of Title VII, no action was ever taken to discipline the employees by the leadership. I was sent on detail out of my facility based on false allegations to 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 work for a federal agency and have concerns about my supervisor’s work habits. He routinely takes long lunches and uses his government phone to conduct personal business, among other things. There are many examples of unethical practices, but am I overreacting? What should be done? A: You are describing making yourself a whistleblower. What you are disclosing is a protected disclosure, but many whistleblowers experience reprisal. If you decide…
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 husband is a contractor for a federal agency. He was called on Monday and told to stay home on administrative leave because a federal civilian employee had filed a complaint against him at work. They did not tell him what the complaint was, only who complained. He was notified today by email that they were trying to relocate his cubicle away from the complainant but still does not know…
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: Last year, I requested four hours sick leave to see my doctor. The leave was requested at least days in advance, and I explained that I was in pain at the time and was completely out of medication. But my leave was denied. Is my supervisor allowed to deny sick leave? A: You are entitled to sick leave to take care of a sick family member or if you are…