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 federal employee receives a grade increase to the next career ladder grade immediately following a minimal successful performance appraisal, what action should be taken by management/human resources to address and correct the issue? A: The situation you described sounds like a major ball dropping of a well thrown pass. Once an appointment (promotion to a higher grade level) is made by an authorized appointing authority it cannot 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: If someone has been with the government for over 25 years but is only in his or her late forties, can the government force the employee to retire due to cut backs in positions? A: No one can make you retire. However, it is possible that your position can be abolished, which could subject you to release based on a reduction-in-force. If you are RIFFED, your service makes you eligible…
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 recently terminated because I was unable to complete the training program for the position I was hired for under the Federal Career Intern Program. I had requested a reasonable accommodation after being diagnosed with a disease. What are my options? A: Each case is different. Whether you are entitled to a reasonable accommodation or subjected to discrimination because of your disability can be ascertained eventually by use 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: How do I anonymously and safely report a fellow employee for suspected sick leave/continuation of pay fraud? A: You can file an anonymous complaint online with the U.S.P.S. OIG Investigations Hotline, which receives information from employees, customers and the general public for reporting fraud, waste, and misconduct. To file anonymously, visit: https://www.uspsoig.gov/hotlinenewforms.cfm. Another option to report suspected fraud or violations relating to any DOL program is through the DOL OIG…
During the holiday season, gift giving occurs as a natural part of social relationships. For example, it is not unusual to be invited to a holiday party and to bring a bottle of wine as a gift to the host. But can a federal employee do that if the party’s host is the boss? The answer is yes — if the bottle of wine is a hospitality customarily provided by the employee to personal friends. But beware: Subordinates’ gifts to bosses ordinarily are taboo, and a gift such as a bottle of wine at a holiday party, while allowed in…
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 under NSPS and have been converted back to the General Schedule as a GS-12. I am receiving retained pay because under NSPS I was the equivalent of a GS-13. I would like to apply for a newly created GS-14 position. I have been certified as fully qualified, but want to know if there is a basis to appeal the decision? A: Your question is unclear. Were you denied…
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 security clearance has been revoked for possession of marijuana and a DUI. My position requires a clearance. Are there any options to combat my removal? A: Illegal drug use while possessing a security clearance is a very serious matter likely to lead to a loss of clearance. It is not automatic, but it will take some very strong mitigating circumstances to keep the clearance. See the Ask the Lawyer…
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 read the previous article on how Employee Assistance Programs (EAP) came into existence. Are there other reasons to refer to an EAP besides alcohol or drug use? What about if your husband is an alcoholic or if your spouse is physically abusive and that has led to poor performance? A: EAPs can be used for very broad purposes, including all those mentioned in this inquiry. The reason for the…
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 23 years of government service, I was recently reassigned to a new job and new supervisor. I have not yet been placed on performance objectives, but my new supervisor has threatened to place me on a PIP after being unable to complete a task because I had an already schedule appointment. The next day my supervisor yelled at me in front of the office. I felt sick, submitted 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: During the NSPS to GS conversion in June 2010, my base pay was reduced 10%. The reduction in base pay was not administrative or voluntary. Is this legal? A: If your base salary was reduced, you may have an MSPB appeal right. You might consider consulting an attorney or filing an MSPB appeal on your own to raise the issue. Non-probationary employees who have their base pay reduced are entitled…