A myth of federal employment is that you can resign after getting into trouble to avoid the blemish of a removal from federal service on your records. Another myth is that you can get a “clean” record as part of a negotiation on an adverse action, either at the agency or at the Merit Systems Protection Board. The reality is that the situation is far more complex, and an employee who receives a proposed removal can never receive a completely clean record, at least for some period of time. When an employee who is beyond the probationary period receives a proposed removal,…
You are looking for a job outside government, but you don’t want your current managers to know. Or you are about to retire and the company you have been working with on special projects might have a retirement job opportunity for you. Are there ethical concerns? If your job prospect has nothing to do with your federal job and no one could say that your financial interests — e.g. receiving a future salary from a company that does business at your agency — would be affected by your performance of your government job, you are free to look for 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: Recently, a number of federal employees in my organization had their positions upgraded without advertising for their jobs and some even received large pay increases. Others were able to get their spouses hired, with one going through a direct hire without advertising the position. Do these actions violate any merit principles or federal employment laws? If they are illegal, who do I report it to? A: You have described actions…
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 applied for an SES position. No hiring decision has been made, but someone has been hired on detail to “act” in the position and the position has been re-advertised to reflect specific credentials of the detailee. I complained to the MSPB but they said they don’t have jurisdiction. Did this violate any rule? A: The rule that governs this situation is contained at 5 U.S.C. § 2302 (b)(6). It…
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 work Friday through Tuesday with Wednesday and Thursday off each week. I was required to attend a two-day meeting on my days off. I was told I would get paid overtime, however, instead of working 12 days straight, I decided to request leave for two other days. I was then told I would only get paid regular time if I took leave. This this correct? A: An employee generally…
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 exploring starting my own consulting company. I currently hold a TS/SCI and would need to maintain a minimum SECRET clearance in my new role. How can I maintain my clearance without setting up a Security Office? A: Prior DOD adjudicative determinations for appointments in sensitive positions or access to classified information, including those pertaining to SCI, will be mutually and reciprocally accepted by all DOD agencies without requiring…
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 a violation of the Privacy Act if an employer discloses information regarding an employee’s disciplinary file, especially if it false? A: The Privacy Act prohibits unauthorized disclosure of private information contained in a system of records. It also requires that records be maintained with accuracy. If you believe the employment reference check form is inaccurate and assuming it exists in a system of records (which it probably does),…
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 involved in an investigation a few years ago and no wrongdoing was found. However, I later obtained documents that showed the agency lied during the investigation. I reported this to the original investigator and the IG office and GAO. Is it ethically okay for an agency to lie during an investigation? A: The short answer to your question is that it is not permissible to lied during an…
Sexual harassment in the workplace is illegal, but that was not always the case. In the late 1970s, the judicial system began to provide meaningful remedies for those who were subjected to unwelcome sexual pressures or conditions related to their jobs. Today, though sexual harassment’s prevalence seems to have diminished, it has not been eliminated. There are still piggish bosses and boorish co-workers. The Equal Employment Opportunity Commission defines sexual harassment as: “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature … when (1) submission to such conduct is made either explicitly…
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: After a desk audit at my agency, I was downgraded a GS grade but my pay was not affected. However, I have asked HR to furnish me with the findings that justified this change but have been ignored. How do I get the information I need to appeal or challenge this action? A: You can file a Freedom of Information Privacy Act request for the information. You might not receive…