By Debra Roth
January 14th, 2013 | Uncategorized
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.
I submitted my resume through USAJOBS for a position. I was qualified and referred. I interviewed and made it to the next level of interviews but then the job was canceled. They reopened the job two weeks later and I applied again. I was sent an email from HR stating that someone else was selected. I believe there is a policy that all supervisor positions must go through two levels of interviews.
Can they move a person into a position without following the two-level interview policy?
How do you know the procedures were not violated? There may have been two interviews. Also, someone may have decided to cancel the promotion action and handle the matter as a reassignment and not a merit promotion action. If you think the selectee was offered an unfair advantage, you could file a prohibited personnel action complaint with the Office of Special Counsel and they might investigate. Based on the facts you submit, I see a number of ways for the agency to argue that the selection was lawful.
Bill Bransford is managing partner of Shaw Bransford & Roth PC.
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