By Bill Bransford
Q & A Session – Denial of Telework
May 19th, 2011 | 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.
Q:
As part of my duties I am expected to telework on occasion during off duty hours. I am permitted to telework when OPM grants “unscheduled telework” status and was approved by my director. However, my executive director denied my request, and I am classified as a non-bargaining unit employee. What are my options?
A:
Non bargaining unit employees can use the administrative grievance procedure to raise issues such as those you describe. The time limit is usually very short. If you suspect discrimination, you can start the EEO process by contacting an EEO counselor within 45 days of the telework denial.
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.
Tags: administrative grievance, EEO complaint, grievance, telework
Q & A Session – Denial of Career Ladder Promotion
February 8th, 2011 | 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.
Q:
I have been working for the government for over 15 years and was looking to be promoted this year. I was told I qualify for a GS-11 position and have had all good performance ratings, with no documentation of any issues. However, I was told I would not get a promotion, since I did not work on a project. Can this be a reason to deny my promotion?
A:
Career ladder promotions have the reputation and expectation by many employees that they are automatic. The actual truth is that a career ladder promotion occurs when the employee demonstrates the ability to perform at the next higher level. If denial of a career ladder promotion is for an illegal reason, such as discrimination or whistleblower reprisal, there are processes that can be used to challenge the denial, but the unpromoted employee has the burden of proving the illegal motivation.
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.
Tags: administrative grievance, MSPB, promotion