Ask The Lawyer

By Debra Roth

Q & A Session – Rights in a Reorganization

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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 work as a GS-12 for a federal department. If my immediate boss finds it necessary to demote me, even though I’m getting excellent performance ratings and through no fault of my own, what are my rights?

Would I be entitled to retain my grade for two years and my pay level indefinitely? What does it mean to retain one’s pay level?

A:

Civil Service employees who are beyond a probationary or trial period have Merit Systems Protection Board rights if they are demoted. Your second question about saved pay does mean that you cannot earn less than your pay when demoted and are entitled to only 50 percent of annual comparability increases, if they ever occur again.

 

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

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