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 resume through USAJOBS for a position. I was qualified and referred. I interviewed and made it to the next level of interviews but then the job was canceled. They reopened the job two weeks later and I applied again. I was sent an email from HR stating that someone else was selected. I believe there is a policy that all supervisor positions must go through two levels…

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: After a move, several employees were given offices while the rest of us were given cubicles. It was made known that only supervisors would be given offices after the final move slated for later this year. The employees are in a division that is slated for a reorganization. When asked why these individuals had offices, the chief of the division replied that these employees were slated to become supervisors under…

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 a front-line supervisor, I am required to carry a pager and be on call 24 hours a day, 7 days a week. Should I be compensated for being on call? There are repercussions if I do not answer the pager within 30 minutes any time of any day. A: Under the facts you provide, no. The Fair Labor Standards Act requires federal agencies to compensate employees for performing activities…

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: Bargaining unit employees have a vast number of avenues to them, but managers who are continually subjected to harassment and threats of filing from staff seemingly have no recourse. Our concerns to our supervisors go unheard and are not dealt with, leaving us out there alone and feeling unable to effectively do our jobs. What recourse do supervisors have to voice their concerns and file complaints after being called names…

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 provided service at the same medical center for two years. My initial position was in administrative support. The annual evaluation was outstanding and probation was completed. Two months later, I was promoted through internal means to a position that entitled me to an increase in one grade. Then, three months later, I found a position (in the same facility) that was in my field of collegiate studies. I…

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 former employer of mine gave a false and negative employment reference on me. I was able to obtain the job, but I still feel scared. What can I do about this? Can I file an EEO complaint? A: An EEO complaint is probably not effective, especially if your former employer was not the U.S. government. If you landed the job despite the negative reference, it is probably best not…

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 grievance with my agency. My union invoked arbitration in June 2010. After 18 months of waiting for a hearing, the agency supposedly canceled the hearing three days before the hearing date. They attempted to settle, but what was offered was an insult to my intelligence. I have not communicated with my union in any way since November 2011. I was recently emailed a settlement agreement my union…

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 department has an active duty military employee occupying a position. He is about to retire from the military, but we are interested in retaining his service as a GS-11. Is it legal for us to “hire” the current military employee for the GS-11 position before he retires? A: While you do not denote your department, it seems highly likely that you work within the Department of Defense. Thus, I…

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 an employee entitled to compensatory time off for travel when she uses annual leave on TDY? Some employees in my office are traveling for business, and then, after completing their business, using several days of annual leave before returning to their duty stations. Are they entitled to compensatory time off for travel during their travel home? A: I believe your employees are entitled to compensatory time off. I am…

Most employees know there are significant restrictions on giving and receiving gifts related to their jobs, whether from co-workers, to and from subordinates or from customers or the public. The rules are complicated — understood, if by anyone, by those who toil in the intricacies of government ethics. Given the holiday season and the spirit of gift-giving, it is helpful to review a few of the rules so you can avoid the common pitfalls and, more important, receive those gifts that are allowed. For example, it used to be customary to tip your letter carrier. This is no longer allowed,…