Ask The Lawyer

By Debra Roth

Q & A Session – Denied Upgrade Request

Bookmark and Share

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:

Another administrative officer in my agency has far less responsibilities than I have and is a GS-11/12. I am a GS-09. We perform essentially the same functions but my responsibilities are considerably more complex and expansive. My supervisor and his supervisor submitted an upgrade request but our in-house classifier said that my position should remain a 9. What steps can I take to challenge this?

A:

You can file a classification appeal with the Office of Personnel Management, but the standards for prevailing there are pretty tough.

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 – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.

Comments

  1. A. Miles Says:
    May 15th, 2013 at 8:06 am

    I had tried to get a desk audit on my position (I was a GS-5) to get upgraded to at least a 7 tgt 9. My upper management refused, even though I was performing at that level. I answered a Merit Promotion job posting and left my organization for the other one. Now after six years of working and praying, I am a GS-11 (have been for 7 years now). Seek and apply for positions for which you qualify elsewhere. Don’t give up, and don’t allow them to hold you back & keep you down. God bless & good luck.