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 originally hired under a Non-critical Sensitive Position Description (PD) requiring a Secret clearance. Two months after I came aboard, my position was changed to a Critical Sensitive with a Top Secret Clearance Eligibility requirement. Is it legal to change the conditions of employment under which the employee was hired after the employee takes the position? A: Yes. The agency can change PDs and job requirements. It can even…
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 Department of the Army civilian. My command is experiencing some minor turbulence due to future Table of Distributions and Allowances (TDA) authorizations not matching current structure. I was told that I will be removed from my position and realigned to another position with different duties. This move is “necessary” because my supervisor’s position will no longer exist on the next TDA document. I feel that my command…
Doctors document their patients’ temperature and blood pressure. Police officers write up reports on traffic accidents. But, on a day-to-day basis, federal supervisors often do not document poor performance as they should. The No. 1 question employee relations specialists ask supervisors who want to take an adverse action is: Where is your documentation? If the documentation is lacking, chances are the adverse action will not take place. Why is documentation frequently not done? Some cite the press of other business; some say documentation takes too much time or doesn’t feel right, as if you are keeping tabs on someone. Documentation…
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 being asked by a company to provide part-time consulting on logistics issues. Would I be within the rules and regulations guidelines to perform these services? A: This question needs to be answered by your designated agency ethics official (DAEO), who is in a position to advise whether the proposal outside employment is a conflict of interest or otherwise impermissible. If a DAEO says it’s okay, you can legally…
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 employed by an agency for a number of years and for the last three years I have applied for several promotions which were denied due to an open investigation levied against me. Is this legal or is it a form of discrimination? A: Promotions are often denied because of an open investigation. It is not illegal, but it is not a specifically permitted practice. It can be…
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 veteran and feel that agencies can discriminate against veterans by choosing to post a job “internal” to the agency, which allows them to skirt the veterans’ preference rules. Can I take action to ensure they follow hiring regulations? A: Veterans’ preference does not apply to internal promotions, when that is the hiring authority used. If a different hiring authority that includes outside applicants is used, an agency…
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 friend who may be fired from federal service. She has a total of 26 years of service and is 56 years old. If she receives a proposed removal, should she resign immediately? Also, will she lose her retirement eligibility and what happens to her TSP account? A: This person could resign immediately, but if she is FERS, she would have to take a reduced annuity. If she…
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 former supervisor told my current employer I am a “troublemaker” and that I had received numerous counseling letters, which is not true. Did my former supervisor slander me? A: Slander is a tort, but under the Federal Tort Claims Act and Supreme Court precedent, your supervisor is immune and your agency cannot be sued for slander. You may have a claim under the Privacy Act if there was an…
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: A federal employee coworker of mine is on paid administrative leave but is also working for a contractor and getting paid by the contractor. Is it legal for the employee to get paid for administrative leave but also work another job and get paid? A: What you have described is probably not legal. I can conceive of a circumstance where the contractor work is done outside normal duty hours or…
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 it legal if a supervisor has only one or two employees to supervise? A: Yes. There is no rule against this. 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, or warranted – to reflect correct, complete and current developments. In addition, the…