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 office has two employees who do not get along. Periodically, one employee acts as acting supervisor because he is a higher grade. Every time this employee is placed into a position of authority there are problems between the two. Both have filed complaints against each other and senior management has decided not to act on the complaints. Is there anything that I can do or say to them? 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 will soon be eligible for MRA+10 years since I will be 56. My security clearance renewal is May 2012. If my clearance is denied, am I still eligible for the MRA+10? A: Losing a clearance will not affect your MRA+10 early (and reduced) annuity rights. In fact, the loss of a job solely because you lose a clearance (without evidence of misconduct or delinquency) may entitle you to discontinued…
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 currently in a ladder position GS-12/13 and was given two different objectives over a two-year period. I met both objectives but was never promoted. Now I am being told that my position is going to be changed to just a GS-12. I have turned down other opportunities thinking I had the possibility to be a GS-13. Is there any regulation or protection offered to employees promised a promotion?…
As I write this column from a remote location enjoying a beautiful view, it reinforces the notion that telework has its advantages, both to the employer and the employee. But that remote location with its great view is also a distraction, and without structure and rules may actually be counterproductive. It’s the accountability of the deadline that keeps me going. This same concept of accountability should be a part of any agency’s telework program. The best publication available for federal-sector telework is the Office of Personnel Management’s April 2011 “Guide to Telework in the Federal Government,” available on the telework.…
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 brother passed away in 2010. He was a federal employee. He was divorced in 1993 but never changed his beneficiary. At the time of his death, his ex-wife was still listed as the beneficiary for his pension. In the divorce degree both parties signed away any right to retirement benefits. When my brother passed away, his ex-wife agreed that she had no claim to the pension and submitted 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: Regarding the bill that passed the House that eliminates completely the social security supplement from the FERS retirement for retirements after 1/1/2013: Is this really legal – eliminating a benefit already earned in theory for 21 years of my career? I can see the point going forward in eliminating it, but I already have 21 years of federal service and it seems to me that was part of the overall…
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 would like to know if Congress passes a bill to eliminate the FERS Special Supplement Annuity beginning in Jan 2013 without grandfathering current employees in, will I have a chance to change back to the CRS retirement system due to my circumstances. I was originally covered under CSR retirement system. In 1988, the government gave employees under CSRS with less than five years an opportunity to change over to…
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 a career-conditional probationary employee with veteran status. I am pending a move of my position, supposedly a management-directed reassignment (MDR), to another facility approximately 50 miles away as part of transformation efforts. The move date I was given three weeks ago is about 3-4 weeks away. I continue to be told they are working on MDR letters, but my supervisor who is disillusioned with my command states 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: I am currently going through an appeal with the Merit Systems Protection Board. I understand that I am not allowed a lawyer, but why are they allowed to be represented by one? I have an ill-trained union representative, and they have a JAG lawyer. A: You are allowed a lawyer, you just have to pay for it. You are not entitled to representation at government expense unless you win 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: I have had managers and co-workers complain that employees that have called off Intermittent Family Leave and Medical Act (FMLA) or are on a Straight/Continuous FMLA posting on Facebook that they are shopping, going to the gym, out partying, on vacation, drinking, or “pulled one over on the boss” on their Facebook pages. If they are on an approved FMLA and have provided appropriate medical documentation under the employer’s FMLA…