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: As part of my duties I am expected to telework on occasion during off duty hours. I am permitted to telework when OPM grants “unscheduled telework” status and was approved by my director. However, my executive director denied my request, and I am classified as a non-bargaining unit employee. What are my options? A: Non bargaining unit employees can use the administrative grievance procedure to raise issues such as those…
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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 supervisor wants to reassign his executive assistant to another position, and reassign another staff member to perform the duties of his executive assistant. The executive assistant is not aware of the reassignment and the other staff member does not want to be reassigned. Can management reassign her without her consent? What recourse does she have? A: She can file a grievance. In the meantime, she will have to follow…
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…
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 colleagues that perform personal activities on government time and are sometimes so loud it disrupts my ability to concentrate. It has prevented me from being able to get my work done. Are there laws, policies or guidelines that govern noise producing activities which impede my ability to complete my work? A: The situation you describe should not be allowed to continue. If your supervisor won’t deal with it,…
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 called a poor performer and my attendance and credibility has been questioned, which has created a hostile work environment. How do I handle this as a federal employee? A: I do not have enough information to answer this question. Generally, supervisors acting within the scope of their employment who accuse a subordinate of poor performance or attendance issues, even if the accusation is maliciously false, 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: In a recent column I read that employees could not grieve being given a PIP. Could you please provide the legal reference for this? A: Many federal agency administrative grievance procedures (non-union) and negotiated collective bargaining agreements (CBA) exclude performance improvement plans (PIP) as grievable matters. This is because PIPs are considered to be a preliminary step in addressing perceived performance deficiencies and have no actual impact on employment, even…