Browsing: supervisor

Q: Another coworker and I competed for a the same supervisor position, and my coworker got it. After a few months, I was transferred to another caseload and was put under that same coworker with whom I’d competed for the supervisor role. Is that legal? A: Management has the right to assign work to employee.  Nothing in the law prohibits management from assigning an employee to work underneath a supervisory position that an employee previously competed for, or from working underneath a supervisor who was previously a peer of that employee.  Thus, while it may be an uncomfortably adjustment being…

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 supervisor release personal information to other employees, or a supervisor that isn’t yours?  A:  Agencies may release personal information on a need to know basis. These are technically called routine uses and are published in the federal register. Otherwise, your personal information contained in government records with your name on it is private.  Bill Bransford is managing partner of Shaw Bransford & Roth PC. Disclaimer: Ask a Lawyer…

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 federal employee. I have allergic asthma and was granted FMLA three weeks ago. I became ill recently and needed outpatient hospital treatment. I was scheduled for vacation the following week. Due to the severity of my asthma, my pulmonologist wrote me off work for two weeks. During these two weeks, my supervisor called to check on me and asked if I was at home. I feel…

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…

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: Are there any guidelines as to how many GS-13 professional engineers a GS-13 professional engineer can supervise? A: There is a classification guideline published by OPM, but it is not a strict requirement.  Bill Bransford is managing partner of Shaw Bransford & Roth PC. Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted…

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 told by my supervisor that I had to meet with her and that I did not need a union representative although I requested one to be present. I wanted the union present to discuss my functional statement as it related to a job assignment. I also wanted the union present because of the terrible relationship I have with my immediate supervisor. My supervisor has been known to stretch…

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 remedies are available when a manager is disrespectful, rude or mean to a subordinate supervisor? I have read your columns on disrespectful behavior in the workplace, are there similar rules for management? A: The answer to the second question – are there similar rules for management – is yes, although a supervisor might be granted some leeway in dealing with a difficult or recalcitrant employee. If the subordinate is…

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 any GS lower grade level supervise a GS-12 supervisor? Where, in OPM regulations, does it say non-supervisory personnel can supervise a supervisor? A: I don’t know the specific situation well enough to comment specifically. However, there is nothing in OPM regulations that prohibits an agency from temporarily designating someone in a nonsupervisory position as a supervisor. I have also seen rare situations where a lower graded employee is designated…

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: Are there any rules or regulations that stipulate that a supervisor’s grade be higher than the people he or she supervises? A: No, although a general practice is to have supervisors be at least at the same if not at a higher grade level. Bill Bransford is managing partner of Shaw, Bransford & Roth, PC. Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on…

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…