Q & A Session – Adequate Housing 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 accepted a one year contract to work for a federal agency in a very remote area. I am currently working under that contract. Before agreeing to the offered terms, I was given a tour of a home which was safe and acceptable to me. However, after I signed the contract, I was placed in very different housing – a forty-year-old trailer. The…

Q & A Session – Ranking Employees Within Same Grade 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: There are rumors that my agency will soon reorganize, and I am concerned that I may be affected by a reduction in force (RIF). How would an agency rank three employees for retention if they are all GS employees of the same grade but with different steps and time-in-grade? Two employees have prior military service and one is receiving a…

Q & A Session – Veterans’ Preference and Involuntary Assignments 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 an employee of the United States Postal Service (USPS) and a preference eligible veteran with a disability rating of 30% or higher. The processing facility I work at may be closed, and I was wondering if I could be involuntarily assigned from a full-time position to a part-time position during a reduction in force (RIF). A: It is…

Q & A Session – Appropriate Compensation for Violation of Privacy Act 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 the 1974 privacy act is violated during an internal investigation of a staff member, what is the appropriate monetary compensation? A: A civil action can be filed in federal court for some violations of the Privacy Act, 5 U.S.C. § 552(a). if the violation is established, the plaintiff is entitled to actual damages, which are set at…

The 2002 No FEAR Act is supposed to hold managers accountable for equal employment opportunity violations and make federal employees more aware of their EEO and whistle-blower rights. Managers should be aware of and wary of the No FEAR Act — the Notification and Federal Employee Antidiscrimination and Retaliation Act — and its requirements. Numerous provisions of the law are potential land mines for managers. For example, the law requires agencies to report to Congress annually about violations of anti-discrimination and whistle-blower reprisal laws, including such information as the number of offending managers who were disciplined, the nature of the…

Providing reasonable accommodations for employees with disabilities is a legal obligation for federal agencies, and every manager should understand how reasonable accommodation requests are processed. Not only is accommodating disabilities the “legal” thing to do, it provides a valuable source of capable, motivated employees who would not otherwise be able to work. In general, managers should be aware that agencies have a reasonable accommodation policy. That policy should be consulted and followed whenever a disability/reasonable accommodation issue surfaces in the workplace. Managers should also be aware that the law on disability is complicated and is evolving. The Equal Employment Opportunity…

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 Federal firefighter.  We work 72-hour shifts.  Usually when I go Temporary Duty (TDY), I do not need to report to work the day of my return. Recently, a co-worker was sent TDY to a training class for several weeks.  When he returned, his shift was working and he was told that he would have four hours to return to work or else he would have to take…

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 rated “effective” in a performance appraisal done last year and was prevented from receiving a performance bonus from the bonus pool. Can an employee refuse to sign a performance appraisal if he does not agree with it? A: I think it is unwise to not sign a performance appraisal, even if you do not agree with it. Your signature merely acknowledges that you have received the appraisal. 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: One of my subordinates was on a temporary duty assignment for training.  On his return flight, the employee missed his connection, even though the layover was nearly an hour and a half long.  The next flight to his original destination did not leave for nearly seven hours.  Therefore, the employee requested and the Agency authorized an alternate flight, which approximately three hours later.  Is the employee to be compensated for…

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 civilian Federal law enforcement agent.  I have been sent on Temporary Duty (TDY) to a camp for approximately six weeks of training.  We work twelve hours each day and are compensated for those twelve hours.  When we are off-duty, we are not compensated, and we are not allowed to leave the camp.  We are told that if we do, we will be disciplined.  We are not allowed…