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 had the understanding that performance appraisals are always done one-on-one with my supervisor and that all appraisals are considered private. My current supervisor wants our team leader to sit in on the performance appraisals even though she has no supervising authority. I believe they may claim the exception “the information is disclosed to an agency employee who maintains the record or has a ‘need to know’ in the performance…
Both chambers of Congress exercise oversight responsibility over executive branch agencies. Lately, it seems there are more oversight hearings, with career employees sometimes being called into the hot seat. It can be a scary proposition because of subpoenas, large hearing rooms, written and oral testimony, reporters and perhaps other unfamiliar occurrences. A positive oversight experience requires coordination, preparation and candor. Most of all, the process must be taken seriously. Congress eventually will either get the information it wants, or it will make the career federal employee very uncomfortable. First, assess whether the inquiry concerns a program review or personal exposure.…
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 GS-9 and I was denied a promotion to a GS-11. However, how much of the GS-11 position description do I need to be performing to demonstrate I am working at the next level? A: To receive a career ladder promotion, you must demonstrate the ability to perform at the next higher level. If you are believe you are the victim of illegal discrimination, you of course may…
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 an employee of a lower grade be assigned in an acting position over an employee in a higher grade? A: Yes. I know of no rule that prevents this. The wisdom of such an action is another question. 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…
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 you are using a sick day but are seen out possibly getting medication or going to the doctor, is that time card fraud? A: If you claim to be sick because of a bad back, request such leave and are spotted during the workday playing golf, bowling or swing dancing, you might have a problem. But if your psychiatrist tells you to take a week off to de-stress 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: Prior to the conversion to NSPS, I was a GS-12 and during my time as an NSPS employee I was grade YC-02. However, when I was converted back to GS I was returned to my prior GS-12 grade but my pay had reached GS-14, step 4. What grades am I eligible to apply for? A: The answer to this question depends on what the vacancy announcement requires and the level…
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: What are the rules and regulations regarding an organization doing a major reorganization with the possibility of involuntary separation? What are my rights? If I am 50 with over 30 years of experience, should I retire now or find another job until I reach age 55? If my job is abolished under CSRS, would I receive a 2 percent penalty each year until I reach 55? A: You ask 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 have worked at my current duty station for six years. A few years ago, I moved but my duties and workplace remained in the same locality pay area. Some local travel is required, but this is primarily within the same locality pay area as my workplace. Recently I was promoted, but because I moved to a home in a lower locality pay area years go, I was told 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: If a manager is disrespectful, rude or mean to a subordinate, can the subordinate sue for defamation of character? A: Federal managers are immune from defamation lawsuits from comments they make about their subordinates, so long as the manager was acting within the scope of his or her employment. Based on the limited facts you describe, my believe is that your manager was probably within the scope of employment when…
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 leave manager and would like some additional guidance on when to notify employees of their FMLA rights and when they should invoke their rights. What if a pregnant woman has accrued two months of leave but hopes to take three months off to care for her newborn, when should I encourage her to invoke her FMLA rights? A: The Office of Personnel Management’s rules governing FMLA guidelines…