Q: If a 17-year vested federal law enforcement officer has his TS security clearance revoked and in turn is terminated, does he still get his retirement at 62? A: In most circumstances, yes. Termination from federal employment does not affect an employee’s annuity or retirement pay. However, a federal employee loses his or her annuity if he or she is convicted of certain crimes codified in 5 U.S.C. § 8312. These crimes are narrowly tailored, concerning acts of disloyalty to the United States. For example, 5 U.S.C. § 8312 lists the crimes of treason, sabotage, espionage, and insurrection. This…
Browsing: Termination
Q: If a 17 yr. vested federal law enforcement officer has his TS security clearance revoked and in turn is terminated, does he still get his retirement at 62? A: In most circumstances, yes. Termination from federal employment does not affect an employee’s annuity or retirement pay. However, a federal employee loses his or her annuity if he or she is convicted of certain crimes codified in 5 U.S.C. § 8312. These crimes are narrowly tailored, concerning acts of disloyalty to the United States. For example, 5 U.S.C. § 8312 lists the crimes of treason, sabotage, espionage, and insurrection. …
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 an employee of a company that was a contractor for a federal agency. A federal employee threatened to fire us if I refused to overlook misconduct on the part of several employees. Eventually, this is what did happen. There have been multiple audits and investigations of the situation. Does any recourse exist against the threats, harassment, and retaliation perpetrated by the federal employee who was making fraudulent misrepresentations?…
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 employed by one agency and then transferred two and a half years later to another agency under the Federal Career Intern Program where I worked for almost two more years. Only a week prior to the elimination of FCIP, I was separated from the agency I had been working for. Didn’t I complete my probationary period requirements and doesn’t that protect me from being fired? A: Your question…
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 reported to my command and received a closeout assessment. The appraisal was completed appropriately. I reported to my new command and I wasn’t provided new performance objectives for 90 days. When my final appraisal was completed, it was done under an appraisal that was set for less than 90 days. After a formal grievance process, the command determined that the period satisfied the time period requirement. Can an appraisal…
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 working in the federal government as a contractor for nine years in an at-will state, I was terminated. My manager had made comments that I felt were distasteful, embarrassing, belittling, derogatory and threatening. I had not had problems with managers in the past. My manager began to take tasks away from me, removed my restricted computer access and became very angry when I asked for a task assignment in…
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 filed a discrimination complaint and am in the discovery process. Can I be fired for filing an EEOC complaint? A: It is illegal retaliation to fire someone solely because he or she has filed a discrimination complaint. The burden of proof is on the person claiming discrimination. In other words, you must be able to overcome or disprove the legitimate reason an agency will undoubtedly provide for a removal…
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 recently terminated because I was unable to complete the training program for the position I was hired for under the Federal Career Intern Program. I had requested a reasonable accommodation after being diagnosed with a disease. What are my options? A: Each case is different. Whether you are entitled to a reasonable accommodation or subjected to discrimination because of your disability can be ascertained eventually by use of…