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: Is there a class action lawsuit pending against the Department of Justice for exposure to second-hand smoke? Second-hand smoke is dangerous, and I have been exposed to it for many years. The Department has moved the smoking which was nearest to me, but it is still too close, and non-smokers must inhale tobacco smoke. However, if I complain, I am harassed. What should I do? A: Using internet research tools,…
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 Permanent Full-Time Employee. I was advised that I could earn compensatory time in lieu of overtime pay. When I attempted to use compensatory time, I was told that I had been given inaccurate information and that I can only be given compensatory time in lieu of overtime when overtime is not granted or proved essential. Can you please explain this situation? A: Federal employees often have 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: If I submit my retirement papers and then the Voluntary Early Retirement Authority (VERA) is implemented, does the law allow me to re-submit my retirement papers under VERA? A: Yes, if your agency has determined that your position is subject to VERA. 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…
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: Both my spouse and I are retired federal employees with an annuity. We enrolled in the Federal Health Plan in 1967. My spouse is enrolled as a member and I am the dependent. I retired in 2001 with 12 years of service. We are separated and I would like to enroll in a self-only policy. Am I eligible to enroll in a self-only policy? If so, can I enroll myself…
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 received my last Official Pay Pool Notice which says that employees who are no longer covered by the National Security Personnel System (NSPS) on the day of a payout are not entitled to a performance-based payout. It goes on to say that all employees will transition out of NSPS prior to this date and therefore will be ineligible for an NSPS performance payout. Does this mean I will not…
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 feels that his supervisor is guilty of age discrimination, can the employee sue the supervisor directly for personal damages in addition to simply filing a complaint with the government? A: The supervisor cannot be sued personally. The action is against the agency. If you are successful in an age case, the remedy lies in compensation of back pay. 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: I received a Single Scope Background Investigation in 2004 for a Top Secret clearance (SF86) and a National Agency Check with Local Agency Check for a Secret clearance in 2009. I was told during the previous investigations that once I disclosed an issue I would never have to answer that question again since it had already been investigated by the Office of Personnel Management. Is this true? A: No. 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: If I use the Family and Medical Leave Act (FMLA) to have a total knee replacement in 2011, do I have to wait a full year after my return for FMLA coverage on my other knee? A: You are entitled 12 administrative work weeks in a year. The year starts when you first use FMLA and one year later you are entitled to another 12 weeks. Bill Bransford is managing…
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 refused sick leave under the Family and Medical Leave Act (FMLA) to care for my sister who is suffering from breast cancer and severe depress. I have also appealed the refusal to my manager’s supervisor. Are sisters included in the definition of a family member under FMLA? A: Sorry, Congress wrote the FMLA to only cover the employee and the employee’s spouse, children and parents. Bill 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: Can a temporary part-time employee can apply and receive a merit promotion over a full-time employee? A: Yes, if the temporary part-time employee has civil service status or is selected based on a competitive process. 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 intended – but not promised, guaranteed,…