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: When I first applied and was hired onto my position two years ago, the job required permanent residency. Since I have a green card and am a permanent resident, I was hired after an interview process and background check. Recently, I was told the position requires citizenship, and I have been stripped of my responsibilities. Is this allow under EEO and what are my rights? A: U.S. citizenship, with 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: My security clearance is up for renewal in 3 years. Together, my wife and I have credit card and student loan debt that has been accumulating over the past 15 years from personal injuries and layoffs. My student loans are currently in voluntary forbearance but that will run out in three years and it’s the only reason they have not gone into default. What can I do to try and…
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 complained about the cancellation to replace unsafe flooring to my Commanding Officer, as well as to OSHA, DODIG and my Senator. I was terminated after my complaints and 24 hours before my probationary period was finished. Is there anything I can do? A: The U.S. Office of Special Counsel might consider your case if you can show the activity that led to our removal was protected whistleblowing. In general…
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 targeted disability and qualified for Schedule A. I was terminated for poor performance from an entry level position during my probationary period after I asked for reasonable accommodations that would have helped my performance, but never received any. What are my options? A: The issue in your case is whether the poor performance conclusion of your supervisors renders you unable to perform the essential functions of 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: I moved from a nonsupervisory position to a supervisory position for about 10 months and then was returned to my original assigned position after my request. I have asked for temporary promotion pay. Should my agency pay compensation for the detail to a higher graded position? A: Because you served in a higher pay band on your detail and that would equate to a temporary promotion, it appears that your…
One of the most valuable commodities in and around the federal community is the security clearance. A clearance is not a legal right, but rather a status granted by the government as an indication of trust placed in an individual. Even though federal employees and contractors do not have a right to a clearance, it cannot be taken away from someone without some due process. Part of this due process includes a recitation of reasons and circumstances that could result in the loss of a clearance. These are called “adjudicative guidelines” and they are consistent governmentwide, even in agencies such…
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 father passed away last year without picking a beneficiary for his pension. My mother recently received a letter stating that she would not receive his pension since he did not designate her as the beneficiary. Shouldn’t she be receiving his pension? A: If your parents were married when your father retired, he cannot simply abandon your mother by signing away her survivor rights unless he had her written consent…
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 a federal employee for 11 years and had an on the job injury in 2003. For the past year, I have not been working due to the reoccurrence of my injury. Would you suggest an early out or disability retirement? If I selected an early out, would this relieve the government of future medical responsibilities? A: Unless you have other federal service, you do not appear to 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: What is it called when a federal manager tries to stop an employee’s attempt to file an EEO complaint? How serious is this type of violation? A: Trying to stop any employee from exercising EEO rights is reprisal, plain and simple. It’s a very serious violation and often easier to prove than the other types of discrimination. Bill Bransford is managing partner of Shaw, Bransford & Roth, PC. Disclaimer: Ask…
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 been notified that OPM made an overpayment to my FERS retirement. How do I know if I was actually overpaid and how do I fill out the financial questionnaire that was sent to me? A: I cannot answer your question with the information provided. OPM will attempt to recover erroneous payments. I do not know if OPM’s calculations are correct. The financial information request is most likely to…