Browsing: promotion

Q & A Session – Career Ladder Promotion

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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: I got my first grade level promotion in October 2011, and the next promotion was due in October 2012. I checked with HR and they mentioned that they did not receive any paperwork from my supervisor. In October, I had my performance evaluation and it was fully satisfactory. When I asked my supervisor about my grade increase, she mentioned that it’s not automatic. Is this true? A: A career ladder…

Q & A Session – Temporary Promotion

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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: I received a temporary promotion last year. After 120 days, I was returned to my previous salary. As I am still acting in the supervisory position, am I eligible for another temporary promotion on a year after the original temporary promotion? A: You are eligible for a longer temporary promotion, but only if you compete for it.  Bill Bransford is managing partner of Shaw Bransford & Roth PC. Disclaimer: Ask…

Q & A Session – Position Description Update or Re-advertisement?

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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: At what point would a position description update or change require the position to be re-advertised? A: A position description can be rewritten to reflect an accretion of duties without a change in the position’s incumbent so long as it was not a planned management action. If it is a planned management action and the job is to be upgraded, it would have to be advertised.  Bill Bransford is managing…

Q & A Session – Promotion after a Desk Audit

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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: After a desk audit is completed, what are the next steps for a promotion? A desk audit was performed on my position. It was rated a GS-11 instead of the current GS-09 that I am occupying. My management is telling me there isn’t anything they can do. They stated that they do not have a policy in place to promote me to GS-11. My management wants me to sign a…

Q & A Session – Structure of Promotion and Appointments

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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: I am currently employed by a federal agency. I signed a document affirming that this was a temporary position not to exceed three years in duration, with the agency retaining the option to extend two one-year extensions. The agency could rescind the position and I would be transferred back to my prior position at a lower level. I have been employed in this position since late 2008. In January 2012…

Q & A Session – Veterans Preference for Promotion

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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: I am a current permanent federal employee under FERS, and I am also a disabled veteran. I have applied for a higher position within my current department. Am I still eligible to receive a 10 point veterans preference for the new position? A: Veterans preference applies to initial appointment and reductions-in-force. It does not apply to internal promotions. Veterans preference may apply to a prevent a non-veteran from being hired…

Q & A Session – Denial of Promotion

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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: I am a GS-9 and I was denied a promotion to a GS-11. However, how much of the GS-11 position description do I need to be performing to demonstrate I am working at the next level? A: To receive a career ladder promotion, you must demonstrate the ability to perform at the next higher level. If you are believe you are the victim of illegal discrimination, you of course may…

Q & A Session – NSPS to GS Conversion Promotion Opportunities

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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: Prior to the conversion to NSPS, I was a GS-12 and during my time as an NSPS employee I was grade YC-02. However, when I was converted back to GS I was returned to my prior GS-12 grade but my pay had reached GS-14, step 4. What grades am I eligible to apply for? A: The answer to this question depends on what the vacancy announcement requires and the level…

Q & A Session – Promotion While Under an EEO Investigation

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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: Can a person be promoted while under an EEO investigation? I was under the impression that an individual named in a formal complaint cannot be promoted until the final decision is released. A: There is a presumption of innocence that applies in law and has become a part of our general culture. Just because an EEO complaint has been filed, that does not mean  discrimination has occurred. Also, in any…

Q & A Session – Denial of Career Ladder Promotion

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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: I have been working for the government for over 15 years and was looking to be promoted this year. I was told I qualify for a GS-11 position and have had all good performance ratings, with no documentation of any issues. However, I was told I would not get a promotion, since I did not work on a project. Can this be a reason to deny my promotion? A: Career…

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