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: Recently, a number of federal employees in my organization had their positions upgraded without advertising for their jobs and some even received large pay increases. Others were able to get their spouses hired, with one going through a direct hire without advertising the position. Do these actions violate any merit principles or federal employment laws? If they are illegal, who do I report it to? A: You have described actions…
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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 at my agency, I was downgraded a GS grade but my pay was not affected. However, I have asked HR to furnish me with the findings that justified this change but have been ignored. How do I get the information I need to appeal or challenge this action? A: You can file a Freedom of Information Privacy Act request for the information. You might not receive…
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 formerly a GS-13 and then served under NSPS. However, I have converted back to the General Schedule retaining the same job and duties, but am now a GS-12. Is this correct? What are my options? A: According to 5 C.F.R. § 9901.372(d)(1)(v), “an employee’s virtual GS grade may not be less than the permanently assigned GS grade the employee held upon conversion into NSPS (for an employee who…
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: I was terminated from federal employment a few years ago but am currently working for a company under government contract. My current position is about to be reclassified into a government position under the GS schedule. If I am hired for the reclassified position, will I be able to retain my former GS grade and/or step? A: No. If a former government employee is rehired by the government, he 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: I work in HR and believe that my position could be a higher grade. The job requires me to do more and different types of work than what is usually required of the same position across the government. Would asking my supervisor for a desk audit help the chance of my GS level changing? A: The desk audit is not based on your abilities. It is based on the complexities…
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 hired under FCIP last June and I have been told I would increase two grades until I completed the program and one grade after completion of the program. However, with the transition of FCIP to competitive service, will I keep my GS grade progressions? A: My understanding is that current FCIP employees may continue their employment under the terms of their original appointment. Bill Bransford is managing partner…
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 under NSPS and have been converted back to the General Schedule as a GS-12. I am receiving retained pay because under NSPS I was the equivalent of a GS-13. I would like to apply for a newly created GS-14 position. I have been certified as fully qualified, but want to know if there is a basis to appeal the decision? A: Your question is unclear. Were you denied…
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: During the NSPS to GS conversion in June 2010, my base pay was reduced 10%. The reduction in base pay was not administrative or voluntary. Is this legal? A: If your base salary was reduced, you may have an MSPB appeal right. You might consider consulting an attorney or filing an MSPB appeal on your own to raise the issue. Non-probationary employees who have their base pay reduced are entitled…