Ask The Lawyer

By Debra Roth

Q & A Session – Structure of Promotion and Appointments

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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 am currently employed by a federal agency. I signed a document affirming that this was a temporary position not to exceed three years in duration, with the agency retaining the option to extend two one-year extensions. The agency could rescind the position and I would be transferred back to my prior position at a lower level. I have been employed in this position since late 2008.

In January 2012 we were told that the temporary grades were being rescinded. In August 2012 we were informed that, after further review, the temporary grades would not be rescinded. We were told that if we took the promotional exam to become a supervisor, we could be picked up again for our current positions.

If I have been a temporary GS-14 for the last four years would I not be on the alternate staffing list for each promotional list that is prepared if I submit an application?

A:

Not necessarily is the answer to your question. The agency has much discretion on how it structures promotions or appointments so long as it follows merit principles.

 

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

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