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 department supervisor, I have a staff member who recently was given a restraining order. How does this affect his career? He is a law enforcement officer. A: It depends on why the restraining order was issued. Did the law enforcement officer engage in misconduct or is this just a domestic dispute? You need more information before you decide to take action. Bill Bransford is managing partner of Shaw Bransford…
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: Recently, tenant organizations on my base have been shutting down and requiring workers to take annual leave. They shut all the buildings down and if you wanted to work you needed to justify why you should be allowed to work. They also did not allow contractors to work during this time. You are forced to either use your annual leave or go LWOP. Is this legal? A: It sounds like…
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 convicted of bribing a public official in Texas. I resigned after 25 years in CSRS. Will I lose it? A: No. But you might have to wait until you are 62 to receive a deferred annuity if you are not now over the age of 60 and eligible for an immediate annuity. If you wait for a deferred annuity, you are ineligible to take your health insurance into…
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 a federal agency for about 14 years and am currently a GS-7. My performance has declined due to medical issues. I was just diagnosed with a disability which has become worse due to physical and emotional stressors. Management wants me to sign a form saying that I request a move for personal reasons to the mail room at a GS-4-10. If I don’t sign it, they…
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 approached by an OIG after I requested union representation. I was taken in for an interview and I requested a steward again, but none was provided. What chance do I have getting my job back after the OIG stated he caught me taking items from the damage mail? What are my options? A: The IG is not part of the agency and is not required to honor your…
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: Are there specific guidelines for impact and implementation bargaining? If so, where can they be found? A: Impact and implementation bargaining is required by U.S.C. Chapter 71. Most collective bargaining agreements have a process for when and how impact and implementation bargaining occurs. At a minimum, it must occur before a decision is implemented unless management declares it has bargained to an impasse. Bill Bransford is managing partner of Shaw…
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 understanding is a GS-13 supervisor can only supervise up to a GS-12. Can a GS-13 in an acting capacity as a GS-14 supervise an individual in a permanent GS-14 position? Is this legal? A: Yes, what you describe is legal, but it is not always a good idea. Bill Bransford is managing partner of Shaw Bransford & Roth PC. Disclaimer: Ask a Lawyer publishes information on this website for…
Every four years, our government has a transition. Sometimes that transition is quite dramatic, with political appointees changing at virtually every position. Other times, such as this year, the change will happen on a lesser scale, but change will occur. Because of these changes at the political level, special safeguards have been enacted to protect the career civil service from being politicized when there is a presidential transition. Political appointees with previous government service recognize the value of the civil service and the reality that career federal employees are free from partisan politics as they perform their day-to-day duties. Unfortunately,…
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 top secret security clearance was revoked due to financial issues from an old business debt that turned into a lawsuit and was subsequently dropped and withdrawn. The debt still technically exists but they just can’t sue for the $80,000. Everything else, including my car and mortgage payments, are current. I disclosed the debt in the process but I was still denied. Do I have any appeal chances? Is my retirement…
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 a FERS civilian employee for 20 years. I recently had to use more sick leave than I had accrued. Normally, the difference would be taken out of my annual leave in that situation, but this time I was charged leave without pay instead. Is this legal when I did not “request” LWOP using our OPM-71 form? My ward is now requiring us to sign an AWOL letter.…