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 local human resources officer denied my LQA when I transitioned from a contractor to a federal employee after it was offered and promised to me. Should I have an attorney look over my case? A: Living quarters allowance or LQA entitlement is based on Department of State regulation and generally designed to enhance the recruitment of U.S. citizens to work overseas. Whether you qualify depends on whether you meet…
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: Are federal employees allowed to file class action lawsuits against the federal government or individual lawmakers for recent proposed legislation at the federal employee’s expense? A: Anyone can file a lawsuit for any reason. The real question is whether the lawsuit will survive a motion to dismiss. Most likely, a lawsuit such as you describe would be promptly thrown out. Bill Bransford is managing partner of Shaw, Bransford & Roth,…
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 representing my mother in an EEO complaint. As her representative, can I request copies of the documentation she submitted to her supervisor regarding her medical leave? A: Your mother is entitled to information the government maintains in a file with her name on it. She can designate you as her representative to receive that information. It is unclear to me that you have received that status as her…
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 any GS lower grade level supervise a GS-12 supervisor? Where, in OPM regulations, does it say non-supervisory personnel can supervise a supervisor? A: I don’t know the specific situation well enough to comment specifically. However, there is nothing in OPM regulations that prohibits an agency from temporarily designating someone in a nonsupervisory position as a supervisor. I have also seen rare situations where a lower graded employee is designated…
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 for one federal employee to get a temporary promotion over another if the individual who received the promotion does not have as much experience and has never been in the acting GS-15 position, while the other employee has? A: Yes. There is a merit promotion plan at your agency that governs this. The selected does not have to be the most experienced employee. The merit system envisions…
The Privacy Act, 5 U.S.C. § 552a, affords rights and protections regarding individuals’ information that is maintained by the government. It is important to federal employees because it allows them to see and challenge job-related information held by their employer. In some ways, the Privacy Act is a protection against defamation of a federal employee’s good name. The government — or a supervisory official acting within the scope of his employment — cannot be directly sued for libel or slander. But, under the Privacy Act, a federal employee can seek to have a materially erroneous record corrected and can seek…
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: An agency filed a suit and on FLSA overtime pay for hundreds of miscoded employees that should have been coded as non-exempt. Only dues paying union members received monies from the settlement. Is there any recourse for non-union members? A: There is a principle labor law called “the duty of fair representation. The union is obligated to adequately represent both dues paying and non-dues paying members. You may be able…
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 supervisor wants to reassign his executive assistant to another position, and reassign another staff member to perform the duties of his executive assistant. The executive assistant is not aware of the reassignment and the other staff member does not want to be reassigned. Can management reassign her without her consent? What recourse does she have? A: She can file a grievance. In the meantime, she will have to follow…
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 recently applied to a training program offered through OPM. I was not selected and the person that was has less experience and a lower GS level than me. Can I contest this decision? A: The denial of training that could lead to promotion opportunities may be the subject of an EEO complaint. You have cited age and gender disparities as possible motivations. Remember, that you have the burden of…
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 filed an appeal for an agency’s failure to rate my performance for the year 2010. I was initially rated but later the agency came back with a recalculated performance rating by adding an additional element. I refused to sign and the agency declared the original rating was null and void. I filed an appeal but MSPB claims it has no jurisdiction. Which agency enforces regulations and code? A:…