Ask The Lawyer

By Debra Roth

Q & A Session – Involuntary Reassignment

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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 worked outside my GG-13 080 Security series (supervisory) for eight years and performed 1101 Program Management (supervisory) work during this time. I don’t have an 1101 coded position because I was told there were no billets. Our Directorate is not reorganizing and I am being asked to step down from my position with responsibilities that include supervising five civilians and program management of a 220M contract. For my new position, I am being asked to transfer into a different division, apply and compete for a GS-13 “non-supervisory” 1101 position and manage a low level project. Is there any obligation to provide me with an equivalent position/responsibilities? What are my options?

A:

No. Management can reassign you as long as it does not reduce your pay. It cannot make you apply for a job you do not want. The optics differences between an involuntary reassignment out of supervision and your voluntary application for that position are significant.

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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