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 same-sex partner and saw a notice that as of July 1, federal employees will be able to add their same-sex partners to their long-term care polices. A later memo said that same-sex partners and their children could be eligible for child care subsidies and services, credit union membership, fitness facility and counseling services, life insurance, and other forms of employee assistance. Does this mean my partner could…
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 my husband and I were to sell our house in a short sale, would this have a negative impact on my ability to keep my security clearance? A: A short sale could be a factor in a security clearance adjudication, but does not necessarily mean you will lose your clearance. It depends on many other factors, including whether a short sale is being chosen to avoid financial responsibilities. Bill…
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 proposed possible removal from service due to alleged misconduct. If I lose my case, what will happen to my retirement and TSP? Should I retire since I am 59 and can with less annuity? If I am removed, can I be hired by another agency? A: I can’t give you specific advice on whether to resign. If you lose your case you certainly can receive a reduced…
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 I submitted allegations of EEO discrimination and an informal investigation was completed, I was transferred to another agency for being disruptive and causing lack of productivity. That’s something I have never done. Can I hold the agency and it’s leadership accountable for not taking any action against my supervisor and transferring me? A: The EEO system will adjudicate your complaint. You also may file a retaliation complaint for your…
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 is mandatory retirement? Couldn’t this be considered age discrimination? A: Age discrimination is a federal statute. Mandatory retirement for law enforcement and air traffic controllers is a federal statute. Yes, Congress is allowed to enact legislation setting forth discriminatory treatment for different groups of people. Bill Bransford is managing partner of Shaw, Bransford & Roth, PC. Disclaimer: Ask a Lawyer publishes information on this website for informational purposes…
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, two successful EEO discrimination complaints against my manager, she was promoted. I was told that the EEOC or ALJ does not have the authority to order an agency to take disciplinary action against a manager, but they can suggest it. Are there any instances where an agency could be ordered to impose disciplinary action? A: No, Congress would have to change the law. Bill Bransford is managing partner…
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 a claim for worker’s compensation in March and an EEO complaint in January and haven’t heard anything back. Is this normal? A: As to your “is this normal?” question on worker’s compensation, the answer is yes. Same answer to the EEO question. With some notable exceptions, such as the Merit System Protection Board, dealing with the government has many delays. Bill Bransford is managing partner of Shaw,…
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 federal employee move from a GS-13 operations lead position to a contractor project manager position for the same contract company that had the operations contract? A: If you are talking about yourself, the answer to your question should come from your designated agency ethics official (DAEO). That person will answer your question. If you are talking about someone else, you can report your concerns to an IG hotline…
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 retire under discontinued service, can you apply for unemployment? A: No. 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 contents of the website do not constitute legal advice…
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: Once an MSPB complaint has been settled, what rights does the complainant have to pursue a grievance on the same matter? A: The settlement agreement should have required you to waive your rights to continue to litigate the matter. So,you probably cannot also file a grievance. Bill Bransford is managing partner of Shaw, Bransford & Roth, PC. Disclaimer: Ask a Lawyer publishes information on this website for informational purposes…