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 non-lawyer can be a representative in an EEO case and what can’t they do that a lawyer can? A: The EEOC is not a court and a non-lawyer can represent a complainant there. If the case ends up in federal district court, the complainant can only proceed pro se (represent him or herself) or with a licensed lawyer. If a non-lawyer represents someone at the agency or at…
We have not heard much about reductions in force (RIFs) in recent years, but expect a comeback soon as the executive branch copes with budget cutbacks, reorganizations and elimination of some programs. Employees who are separated or demoted because of a RIF have a right to file an appeal with the Merit Systems Protection Board. This column addresses the things that management can do to lose a RIF appeal. A RIF is a highly technical creature. It does not allow for much discretion. Instead, once it’s decided that a RIF is necessary, an agency must establish what are called competitive…
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 management be disciplined if cameras are in the interview area and there is a Memorandum of Understanding that specifies that cameras should not be in that area? A: It is difficult to tell the context of this question. As a general rule, a lower level employee cannot order, mandate, or insist upon the discipline of a higher level manager. The lower level employee could report what he or she…
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 can an employee do when they are being retaliated against by their supervisor through the performance/conduct evaluations for reporting unsafe practices? A: Reporting unsafe practices is protected by the Whistleblower Protection Act. If that is the reason for a lowered appraisal, you can report the reprisal to the Office of Special Counsel. For more information, go to www.osc.gov. Disclaimer: Ask a Lawyer publishes information on this website for informational…
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 an employee who was placed on Family and Medical Leave (FMLA) to care for an estranged child. However, the employee has been posting pictures on Facebook showing him with his child during activities like site-seeing and fishing. Is this an abuse of FMLA? A: A qualified employee may use up to twelve (12) workweeks of leave during any 12-month period to care for his or her son or…
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 brother is a federal retiree. He is currently serving time in prison for a crime he committed before he was a federal employee and the conviction was not related to his federal service. Will the felony conviction affect his retirement pay? A: Assuming your brother is already retired, the conviction will not affect retirement eligibility. Federal employees lose their retirement when convicted of offenses such as treason, espionage, sabotage…
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: With the transition back to the General Schedule (GS) from the National Security Personnel System (NSPS), can they lower the grade level or pay of the employee? A: The conversion from NSPS back to the General Schedule has caused a great deal of confusion. Employees are supposed to be moved from their NSPS designation to a GS position with the equivalent duties and responsibilities. An employee is not supposed to…
One of the most effective but least utilized tools managers have is the probationary period. For employees, probationary periods are important and not to be overlooked because workers have little recourse if they are let go during a probationary period, no matter how unjust the decision may be. For managers, it is simply easier to fire a problem employee during the probationary period. However, confusion about probationary periods and the complexity of varying rules and requirements under myriad hiring authorities often deter managers from effectively using this tool. There are many misconceptions about probationary periods. A manager may mistakenly believe…
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 non-supervisor who is not in the employee rating chain overrule a supervisor’s decision to promote an employee? Can a non-supervisor assign probation to an employee he does not supervise? A: The answer to the question depends on delegated authority. Sometimes HR officials are provided with the type of authority you reference. Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website…
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 an employee is under investigation by a supervisor and the supervisor has a personal grudge against the employee, is that something that an Inspector General (IG) can investigate? Does backdating a performance report constitute falsifying government documents? A: It depends on the nature of the personal grudge. Among other things, IGs are authorized to investigate allegations of violation of law, rules, or regulations; mismanagement; gross waste of funds; abuse…