Q: I submitted a classification audit based on accretion of duties. There was a long delay in interviewing me until I asked the Union President for help on this matter. Then, I finally was interviewed for the audit five months ago. The interviewer told me that her boss had said I deserved a grade increase based on my work. I have heard nothing since. I am afraid my Agency is retaliating against me for contacting the union about this matter. Do they have a deadline to respond? Can I file a Freedom of Information Act request to learn more about…
Q: I believe that my boss favors another employee over me. She is graded higher than I am while we do similar work. She has received step increases which do not appear to be in keeping with normal timetables. She receives generous time off awards, despite the fact that she does not work 40-hour weeks, and much of the time she actually spends in the office is spent on social media sites and talking with other employees. When the favored employee became pregnant, she was permitted to telework from home. Then, after giving birth, she was allowed time to express…
Q: Can I be assigned to report to an employee of the same grade as me? Can my supervisor assign me to work below my pay grade? A: To the first question, yes, your supervisor can instruct you to report to another employee of your same grade. There is nothing in OPM regulations prohibiting an agency from requiring an employee to report to another employee of the same grade. There are even rare situations where a lower graded employee is designated as the supervisor of higher graded employees. While not preferred or ordinary, what matters most is the designation of…
Q: I have a couple questions about reasonable accommodation. Can an agency create a position to accommodate? Also, can an agency accommodate by reassigning an employee to a detail (a position that does not exist)? From the research I have done it states that reassigning an employee must be to a “vacant funded position.” A: Your research is accurate. Agencies are given significant flexibility in providing reasonable accommodations to their employees. It is within an agency’s discretion whether to create a position for which to reassign an employee or to place an employee on detail (essentially a temporary reassignment to…
Federal employees who have challenged adverse job actions on First Amendment grounds regularly fail. Why is that, and could a case now pending before the U.S. Supreme Court be a game-changer? Thirty years ago, the Supreme Court recognized that public employees, like all citizens, enjoy a constitutionally protected interest in freedom of speech. However, according to the court, public employee free speech rights must be balanced against the need of government agencies to exercise “wide latitude in managing their offices, without intrusive oversight by the judiciary in the name of the First Amendment.” For employees who faced a job action…
Q: Can it be considered a form of abuse or injury when correcting an employee’s substandard work results in carpal tunnel syndrome pain? A: While it seems as if your subordinate employee is indeed creating unusual work conditions for you, a complaint of abuse or injury based on the inferior work product of a subordinate isn’t feasible. However, if your carpal tunnel becomes too debilitating, you may be eligible for reasonable accommodations from the agency which will allow you to work and remain healthy. You also may be eligible for workers’ compensation if your carpal tunnel syndrome is aggravated by…
Q: I am an Air Force reservist and a full-time federal employee. I am facing a military medical board which I think will determine I am no longer medically able to participate in the reserves. I am 47 years old. I have given 28 years of reserve service and 16 years of civil service. I am not sure what my options are to pursue a discontinued service retirement since I am under age 50. What are my options for a discontinued service retirement? Can I request an age wager? A: While you may no longer be medically suitable for military…
Q: Can my finance management affect my security clearance? A: One of the Adjudicative Guidelines for Determining Eligibility for Access to Classified Information, Guideline F, is based on financial considerations. A short sale can have a negative impact on your FICO score. Thus, 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 other factors, including a pattern of financial irresponsibility and avoidance of financial responsibilities. You should seek advice from an attorney and your security officer. This response is written by Maria N. Coleman,…
Q: I feel like I’m being retaliated against for my EEO complaint. What are my rights? A: When a federal employee is retaliated against by his or her supervisor for filing an EEO claim, for otherwise participating in the EEO process, or for opposing discrimination, they may have a right to file a complaint and utilize the EEO process in order to investigate, and possibly remedy, the harms suffered via a supervisor’s retaliatory acts. Although trivial annoyances are not actionable, retaliatory treatment that is reasonably likely to deter protected activity is unlawful. A federal employee has 45 days from the…
Q: Our supervisor has two family members working in our office, at least one of whom she helped to get a job here. Last year, the three of them received nearly $5,000 in awards which is a very large percentage of our office’s award budget. What should I do? A: It seems like your supervisor and her family members received a large portion of the available award money in your office. This does not necessarily mean there is misconduct – I do not know how many employees are in your office, who decided how to distribute the award money, or…