There are good reasons for a probationary or trial period for new federal employees. First, only so much can be learned from a job interview. Second, effective supervisory guidance and mentoring during the probationary period can help a struggling employee become an effective contributor. Third, if termination is necessary, it is easier to remove an employee during the probationary period than after. Removal during the probationary period is not, however, without risk if it is done incorrectly. Managers should know how long the probationary period lasts. Some periods are for one year, and others, for two or more. Check with…
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 placed in the Bargaining Unit because of my job classification. However, my position is one of direct management responsibility and I have access to extensive employee data and am regularly involved in helping with recruitment. I have input on a variety of management policy matters. Based on my duties, I feel I should not be in the bargaining unit, and no one else in my office is but…
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 injured in 2009 while lifting heavy bags. As a result, I ended up with three herniated disc and two bulging disc. At times, I am in a lot of pain which interferes with my duties. I then got in trouble for improper lifting. Do you think I can get compensated for my injury? And if I do, will I lose my job or will I not be able…
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 an employee received a mid-year rating of 4.8 but three months later received an annual appraisal that lowered one aspect making the overall a 4.6 and there was no evidence of any declined performance. Is this a case to pursue? The manager made a mistake at the mid-year by giving a 4.8. A: For a partial answer, please see the June 4, 2012, Ask the Lawyer column. If you…
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: How long do I have to file a case with the Merit Systems Protection Board (MSPB)? A: Thirty days after the effective date of the personnel action. Your agency should have advised you of this. If it did not, the MSPB might waive the deadline. Bill Bransford is managing partner of Shaw Bransford & Roth PC. Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information…
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 a non-supervisory position be appointed as a supervisor of another non-supervisory employee? The duty position description clearly shows that it is not a supervisory position. A: Yes. But I would not call it a supervisory appointment, but rather a designation. Bill Bransford is managing partner of Shaw Bransford & Roth PC. Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website 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 work for a federal research agency. My primary duties include measuring environmental conditions in remote locations. On any given day, I am required to travel on short notice to field sites up to 100 miles from my official duty station, collect measurements, and return to the office. Since this is a routine duty, my supervisors do not ask for, or require me to, fill out a request for travel,…
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 question regarding travel time between two locations. As a NAF employee for the Army, I sometimes am asked to attend a meeting in another location, about 30 minutes away from where I normally work. After the meeting, I am required to drive to my normal duty station and finish out my day. All this driving is done in my personal vehicle. Am I supposed to be compensated…
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 currently involved in a scuffle with another employee from my agency while on TDY. This occurred afterhours at the hotel we were staying at. I am currently on administrative leave pending the results of the investigation. Does my organization still possess jurisdiction over me afterhours while on TDY? A: Yes, your Federal employer may place you on administrative leave, conduct an investigation, and/or discipline you for having 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 own a home at my permanent assigned station which is 300 miles from my TDY location. I’m considering purchasing a home within 50 miles of his temporary duty station. Once he purchases that home does his status on TDY (living expenses, travel, etc.) end? Is he required to notify his agency that he now owns a home in his TDY area? Or is it okay if he lives part-time…