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 submitted my EEOC case and Report of Investigation for a hearing in June. The EEOC said they received it and have assigned it to an Administrative Judge but I still have not received an acknowledgement order. The EEOC also gave me a case number. I though the AJ has 20 days to submit the acknowledgement order to the complainant? What should I do next? A: You may be confusing…

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: An employee I supervise filed charges of sexual harassment and hostile work environment. The agency conducted a fact-finding investigation and the employee, myself and several other employees the employee identified were interviewed and had to sign affidavits. The agency head met with me last week and said there was no evidence or proof otherwise of any of the charges, and that a formal letter closing the case would be issued.…

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 worked for the federal government for 28 years with 15 at my current agency. My current agency wants to put me on a Performance Improvement Plan, but I have decided to take deferred retirement. I have not signed the PIP and sent it back. Since I am retiring, do I have to sign the PIP? If I don’t, what could the agency do to me if anything? 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 an exemplary career employee of almost 30 years. This year, my husband became ill and I exhausted all my leave. I asked for 4-5 months of Absence without Leave which would give me time to submit my retirement packets and begin receiving benefits. The request was denied as was my request to work from home. Other employees have been allowed to telework and were granted up to 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: When personnel receives a notice from EEOC notifying them an EEOC complaint has been lodged against a supervisor or employee, is it recommended to make the supervisor aware of the pending complaint? Or should we just wait until the investigative process leads to the supervisor? A: EEOC does not notify agencies about EEO complaints. That usually comes from the agency’s EEO office. Most agency EEO offices will tell a supervisor…

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 is the penalty if a federal employee steals several confidential federal documents and shares them with other employees who do not have a legitimate need to know? A: This sounds to me like it could be grounds for removal, and, depending on the reason the documents are confidential, criminal penalties could be imposed. Bill Bransford is managing partner of Shaw Bransford & Roth PC. Disclaimer: Ask a Lawyer publishes…

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: Regarding the Hatch Act, I know that jokes in email, blogs, etc., are out of bounds. But can one employee show another an Onion parody of the Republican National Convention speaker lineup on a piece of paper? In the workplace as a sidebar? On one hand, it is a newspaper. On the other, it was pretty funny. A: There’s an allowance for what are called “water cooler” discussions, and it…

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 that has a two-hour rule. One day, I called in at noon to say I was not coming in to work for the day. My supervisor replied that he would put me down for annual and see me the next day. The next day, he called me in and said he changed his mind to put me on AWOL status. He said he got…

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 does a complainant need to prove in order to prevail in a case where he claims discrimination in a promotion? A: There is no concrete answer to this question. You must prove by a preponderance of the evidence that the illegal discrimination was the reason for the action that is part of your case. How and whether to do this varies from case to case and often depends on…

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: While on a leave of absence for a week, my return date changed. After informing my boss, I received an email that I found overstepping and threatening, basically questioning why my doctor would be okay with me returning to work one day, then putting me out for an additional few weeks the next. Is his response legal? A: I am not sure I understand your question. If you are out…