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 recently converted from the National Security Personnel System (NSPS) to the General Schedule (GS), from a YH-03 to a GS-13, which I see as a demotion. I was originally a GS-13 when I was first converted to NSPS and later became a YH-02 in 2001 and a YH-03 in 2008 for accretion of duties. My supervisor and department head have said they were not aware of this change…

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 hired 16 years ago in full time civil service. I worked one position for 3 years, and was placed on a performance improvement plan (PIP). I was not able to meet the terms of the PIP, and instead faced removal. I was fortunate and was reassigned instead. Twelve years later, I was reassigned back to the same position I was removed from 12 years prior, when I was…

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 need to travel from my home office to another state for a meeting. Because of the available flights, I scheduled a flight at 9 a.m. and I will arrive at my destination around 10:30 a.m. The next flight leaves at 4:50 p.m. and will arrive around 6:30 p.m. My supervisor says I have to reschedule and take the later flight and still come in to work at my regular…

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 manager order employees back to work outside normal hours for non-emergencies? A: Management can order employees to work outside their normal hours when management determines it is important that the work be done. Your refusal to follow direction and to work outside normal hours because of a belief that your work is not being done pursuant to an emergency is insubordination. Be careful about how far you push…

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 a complaint to the Inspector General’s (IG) office concerning destruction/deliberating of mails by managerial sortation methodologies after upper management changed the method that certain mails were being sorted which was causing a higher rate of damage to the mail. I have heard nothing back from the IG’s office. What should my next step be? A: From reading your email, it sounds to me that you may have a…

The Merit Systems Protection Board is a small independent agency that sets rules for the federal workplace through courtlike adjudications of adverse actions. All employees in covered agencies who have completed their probationary or trial period have a right to appeal serious adverse actions such as suspensions of more than 14 days, demotions and removals. Following is a brief look at the issues and decisions in a few of the thousands of cases MSPB heard last year: • Whistle-blower protections. At issue in Parikh v. the Veterans Affairs Department, 116 M.S.P.R. 197 (2011), a physician at a VA hospital was terminated…

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 does a person have to work under an invalid or out-of-date position description before they should legally expect that position description to be updated? A: You can request a desk audit. Also, your union can file a clarification of unit petition with the Federal Labor Relations Authority if it agrees with you that your position should be in the bargaining unit. 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: I have been having some issues at work lately and was referred to the Employee Assistance Program (EAP) by my supervisor. My EAP counselor recommended that I take a few weeks off to rest. When I requested time off, my request was denied. My boss informed me that since my EAP counselor was not a doctor the request did not have to be honored. He referred me to EAP in…

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 does a federal employee’s grade level play in determining my competitive level for a reduction in force (RIF)? A: Your grade level determines your competitive level. Then the rest of the factors are applied to all of those in the same competitive level. 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…

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 employed with USMS but later resigned and obtained a position with another agency. I recently discovered that the USMS had eliminated my sick leave hours. Will I be eligible to obtain payment for the missing hours, the same as I received for my annual leave? A: No. You cannot receive payment for sick leave. You should, however, through some sort of an audit process, be entitled to a…